( 1 ) THIS is a petition to revise the order of the District Munsiff, Kollapur dated 26-3-1959 holding that the two documents which had been filed by the defendant in that suit were contracts of sale and not agreements of sale and ordering as follows:". . . . . . . DEFINITELY they are contracts of sale which require stamp according to Article 16 of the Hyderabad Stamp Act. Sheristadar is directed to calculate the penalty and submit. Party producing them to deposit the penalty as levies by the Court. In case the party fails to deposit the penalties the documents shall be impounded and sent to the Collector for necessary action. For evidence of defendant call on 11-4-1959. "

( 2 ) TWO contentions have been raised before me as follows: 1. That the two documents are not sales but agreements to sell. 2. That the learned District Munsiff erred in ordering payment of stamp duty and penalty before the stage of admission of documents in evidence was reached.

( 3 ) POINT NO. 1 : Both the documents are of the same date 14-5-1958. Each of them contains the following recitals on which the plaintiff-respondent rely: 1. . . . . . . the amount of decree could not be paid to you in full. F