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2003 Supreme(AP) 542

B.SESHASAYANA REDDY
Penkey Suryakantham – Appellant
Versus
Shaik Sillar – Respondent


B. SESHASAYANA REDDY, J.

( 1 ) THIS Civil Revision Petition is directed against the order dated 8-2-2000 passed in O. S. No. 313 of 1998 on the file of principal Junior Civil Judge, Ramachandrapuram, whereby the learned Junior Civil Judge sustained the objection raised by the respondent/defendant in respect of the disputed document dated 19-11 -1993 and endorsement thereon dated 25-9-1995 and held that the document can be admitted in evidence on payment of deficit stamp duty and penalty and that the disputed document is sale and it comes within the purview of explanation (1) of Article 47-A Indian Stamp Act.

( 2 ) THE facts of the case in brief giving raise to filing of this Civil Revision Petition by the plaintiff are as follows: the respondent/defendant is the owner of the suit schedule land. The plaintiff filed O. S. No. 313/98 alleging that the respondent/defendant executed agreement of sale dated 19-11-1993 agreeing to sell the suit land for Rs. 36,400/- and received rs. 29,400/- as advance sale consideration on the date of agreement itself and that he paid the balance sale consideration of rs. 7,000/- on 25-9-1995 and got the payment endorsed on the agreement of sale. Since th












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