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1956 Supreme(AP) 82

Suggu Suryanarayanamurty – Appellant
Versus
Saripella SatyanarayanarajuQ – Respondent


( 1 ) THIS revision raised a question of stamp duty and penalty. The document in question was described as a non-possessory mortgage deed for Rs. 2,660, dated 30th July, 1950, in favour of Suryanarayanamurthi. After reciting that the executant had become liable to pay that amount to Suryanarayanamurthi, it was stated that the creditor demanded from the executant an agreement that he should pay the said amount or, in the alternative, that he should give some immoveable property as security for the said amount and that the executant, in compliance with the said demand, executed the said document. The document then prceeds to state:"having agreed to the same, I hereby execute this agreement of non-possessory mortgage. I have received the said amount of Rs. 2,660 as stated above. I hereby undertake to pay you the said sum together with interest thereon at the rate of 61/4 per cent, by 30th October, 1950 and obtain a proper receipt for the same from you. If I fail to pay the said amount in full settlement of your debt by 30th October, 1950, I shall execute and get registered a non-possessory morlgage deed on 30th October, 1950, on a duly stamped paper as per the terms of the deed to be








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