A.GOPAL RAO
Panchayat Samithi – Appellant
Versus
Srimathi Kethavarapu Kannamma – Respondent
( 1 ) ONLY question involved in this revision petition is whether the document in question is a lease within the meaning of Section 2, clause (16) of the Indian Stamp Act. What happened in the case was that in an action, the respondent took the contract for collection of toll from the Panchayat Samithi for a period of six months commencing from 1. 10. 1967 and ending with 31. 3. 1968. He executed, in pursuance of the said auction, a document on 9. 10. 1967 thereby agreeing to abide by certain terms including the payment of the amount. As the defendant was in arrears, the Panchayat Samithi instituted a suit for recovery of the arrears due from the defendant. An objection is now taken that the document which the defendant executed in favour of the Panchayat Samithi is a lease within the meaning of Section 2, Clause (16) of the Act and that therefore it requires stamp duty under Schedule I, Article 35 (c), on the basis that it is a bond. The trial court accepted the objection raised by the office and directed the plaintiff to pay the fixed stamp together with penalty thereon. It is this order that is now challenged in this revision petition.
( 2 ) CLAUSE (16) of Sectio
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