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1997 Supreme(AP) 114

V.BHASKARA RAO
Link Well Electronic Ltd – Appellant
Versus
A. P. Electronics Development Corporation Ltd. – Respondent


V. BHASKARA RAO, J.

( 1 ) THIS revision petition is directed against the order of the learned principal Subordinate Judge, Ranga Reddy district at Sarurnagar in O. S. Sr. No. 5112 of 1993 dated 2-7-1993, returning the plaint for payment of requisite deficit stamp duty on the suit agreement of sale dated 8-12-1992.

( 2 ) THE revision petition arises in the following circumstances. The revision petitioner-plaintiff is a Company. Its case is that the respondent herein entered into an agreement of sale on 8-12-1992 in respect of the land admeasuring Ac. 7. 40 cents for a consideration of Rs. 2,40,000/- per acre and received part payment to an extent of rs. 14,80,000/- and possession was also delivered on 8-12-1992. The suit is filed for specific performance of contract. The office took the objection that the suit agreement of sale requires stamp duty as per Article 47-A of the Stamp Act in the same manner as a registered sale deed. The revision petitioner contested the above objection and contended that it is only an agreement and that it is not chargeable with duty as a sale deed. The learned Principal Subordinate Judge did not agree with the above contention and directed that the defi








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