B.S.A.SWAMY
Sub-Registrar, Nalgonda Dist – Appellant
Versus
Amaranaini China Venkat Rao – Respondent
( 1 ) A very important question of law fells for consideration in this revision petition i. e. , what is the stamp duty payable on a sale deed executed by the Court pursuant to a judgment and decree in a suit for performance, on the basis of an agreement of sale. To put it in more clear terms whether the Registering Officer can demand stamp duty on the basis of the prevailing market value of the property on the date of execution of the regular sale deed by the Court without reference to the consideration which the purchaser/ vendee agreed to purchase the property under an agreement of sale and without reference to the time taken by the Courts in decreeing the suit for specific performance.
( 2 ) THE factual matrix of the case is that respondents herein seemed to have entered into an agreement of sale on 27-06-1965 to purchase an extent of Ac 300. 00 of land in Vajincpalli Village, Nalgonda District for a consideration of Rs. 10,500. 00 from one S. Venkata Laxmamma. When the said lady refused to execute the sale deed as per the terms of the agreement of sale, these individuals seemed to have filed O. S. No. 23 of 1968 seeking a decree for specific performance of th
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