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2005 Supreme(AP) 104

D.S.R.VERMA
C. Sreedhara Raja – Appellant
Versus
S. Vittoba Rao – Respondent


D. S. R. VARMA, J.

( 1 ) HEARD both sides.

( 2 ) THIS Civil Revision Petition is directed against the order, dated 16-08-2004, passed by the Principal Junior Civil Judge, Kurnool, allowing the application in I. A. No. 101 of 2003 in R. C. C. No. 23 of 2002, filed under sections 33 and 40 of the Indian Stamp Act, 1899 (for brevity "the Stamp Act) seeking to send an unregistered document to the competent authority for the purpose of impounding and levying stamp duty and penalty.

( 3 ) THE petitioner filed R. C. C. No. 23 of 2002 seeking eviction of the respondent from the premises in question.

( 4 ) FOR the sake of convenience, the petitioner and the respondent will be referred to as "the landlord" and "the tenant" respectively.

( 5 ) THE tenant along with the counter filed the document under controversy, which is said to be a memorandum of partition deed. But, the said document, admittedly, is an unregistered and xerox copy of the original document. The original document has not been filed before the Court below.

( 6 ) AT the threshold of the enquiry in the rent Control Proceedings, the tenant filed the present application in I. A. No. 101 of 2003 seeking to send the document in cont















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