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2006 Supreme(AP) 926

V.V.S.RAO
Tirumala Housing (P) Ltd. , rep. By its Managing Director – Appellant
Versus
GPR Housing (P) Ltd. , rep. by its M. D. – Respondent


ORDER

The petitioner is the plaintiff in O.S.No.20 of 2004 on the file of the Court of the V Additional District Judge (FastTrack Court), Ranga Reddy District. The suit is for specific performance of agreement of sale, dated 25-07-1998, in respect of suit schedule land admeasuring Acs.33.33 guntas in various survey numbers situated at Mangalpally village of Ibrahimpatnam Mandai in Ranga Reddy District.

2. It is the case of the plaintiff that the defendant entered into agreement initially for an extent of Acs.150.00 of land, who later executed sale deeds in respect of Acs.116.06 guntas in favour of the nominees of the plaintiff but failed to execute the sale deeds in respect of balance area of Acs.33.33 guntas. The defendant opposed the suit inter alia raising objection that the agreement of sale, which is engrafted on a stamp paper of Rs.1 00/- cannot be looked into as per the provisions of A.P. Act 21 of 1995. The defendant contended that when the immovable property is delivered possession to the vendee under agreement of sale or pursuant there to, the agreement has to bear stamp duty on par with conveyance deed. When the suit was coming up for trial, objection was raised by the def









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