G. BIKSHAPATHY, J.

( 1 ) THE important question that arises for consideration in the civil revision petition is with regard to the interpretation of Article 6 (B) of schedule-I-A of the Indian Stamp Act, 1899 as amended by A. P. Act 21 of 1995.

( 2 ) BEFORE we delve into the legal aspects of the case we shall refer to the facts of the case on hand,

( 3 ) THE revision petitioner is the defendant in the suit. Plaintiff-respondent filed a suit in O. S. No. 19 of 2000 before the learned Senior Civil Judge, Nandigama for specific performance of Agreement of sale dated 18. 2. 1997. The said agreement was drafted on a stamp paper of the value of Rs. 100. 00. Under the said agreement, an extent of Ac. 6-95 cents of agricultural land was sought to be sold to the plaintiff for a total sum of Rs. 2,43,250. 00. Out of the said amount, the defendants have received a sum of Rs. 1,25,000. 00 towards the advance and balance was agreed to be paid on or before 20. 3. 1997. Since the transaction did not come through the plaintiff filed a suit for specific performance of the aforesaid agreement of Sale. The matter was being contested by the defendant. The lower court also framed the issue basing on the respective pleadings. While so, the defendant filed LA. No. 545 of 2002 under Section 151 c. P. C. to decide the second issue in the suit as a preliminary issue and accordingly the lower Court heard the matter. The Court took up the following issue as preliminary issue for consideration:"whether the sale agreement is properly stamped as per amended Stamp Act and the plaintiff is not entitled to pay deficit stamp duty and penalty?"

( 4 ) THE lower Court after considering the A. P. Act 21 of 1995, held that the suit agreement is not covered by Article 6 (B) of indian Stamp Act and accordingly held against the defendant by an Order dated 11. 12. 2002 against which the present civil revision petition has been filed.

( 5 ) THE learned Counsel for the revision petitioner-defendant submits that the order of the lower Court is wholly illegal and contrary to law. He submits that the article 6 (B) embraces not only the nature of the properties referred to therein, but all the transactions relating to sale of any other immovable property. The very intention of the amendment is to avoid loss of revenue to the State and to ensure the valid title to the vendee in respect of the property. Therefore, Andhra Pradesh state brought into effect amendment to the Stamp Act and hence the Order passed by the lower Court is not sustainable in law.

( 6 ) ON the other hand, the learned counsel for the respondent-plaintiff submits that the amendment is very clear. It covers the property relating to the construction of house building including a multi unit house or building or unit of apartment/flat/portion of a multi-storied building or development/sale of any other immovable property. The amendment did not cover the agricultural lands and therefore, strict interpretation has to be given to the fiscal statutes inasmuch as amendment was never intended to be applied in case of a transaction relating to the agricultural lands.

( 7 ) THE learned Government Pleader also submits that Article 6 (B) of Schedule-I-A of the Act should be interpreted so as to include any immovable property which is in tune with the objects of the amendment and therefore, the suit agreement is liable to be stamped in accordance with Article 6 (B) of the Act.

( 8 ) FOR proper appreciation of the case, it is necessary to refer to the Schedule-I-A of the Stamp Act. Schedule-I-A of the stamp Act prescribes the stamp duty on certain instruments. Article 6 of the Stamp act and the stamp duty required is as follows:

Description of the instrument

Proper Stamp Duty

Article 6 Agreement or Memorandum of Agreement not otherwise provided for.

Five rupees (under Act XIX of 1959) Rs. 1. 50 increased to Rs. 2. 30 by A. P. Act X of 1967 with effect from 20-10-1967 forming the subject of Article 5, Clause (c ).

Article 6 ha

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