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1995 Supreme(AP) 204

S.DASARADHA RAMA REDDY
Mekapathula Lingareddy – Appellant
Versus
Durgempudi Gangireddy – Respondent


S. DASARADHA RAMA REDDI, J.

( 1 ) THE interesting question that arises in this civil revision petition is whether an agreement of sale stipulating delivery of possession on payment of certain amount is eligible to stamp duty as conveyance under Explanation to Art. 47a of Schedule IA to the Indian Stamp Act (for short the Act ) as applicable in Andhra Pradesh, when subsequently as per the stipulation possession was delivered.

( 2 ) THE petitioner entered into agreement on 22-4-1990 with the 2nd respondent who agreed to sell four acres of land for Rupees 20,000/ -. As per the agreement, Rs. 8,000. 00was paid by the buyer and the balance Rs. 12,000. 00 was agreed to be paid within two months. The 2nd respondent has undertaken to deliver possession of the property and execute the sale deed as and when desired by the buyer, if the balance of Rs. 12,000/- is paid. The agreement was executed on Rs. 20. 00 stamp paper. Subsequently, on 30-5-1990, the petitioner paid balance sale consideration of Rs. 12,000. 00 and the second respondent delivered possession of the property to the petitioner. This endorsement was made on the back of the agreement duly signed by second respondent. In E. A. No






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