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SUBBA REDDY SATTI
Kota Ganta Rao S/o Kota Sambasiva Rao – Appellant
Versus
Kamineni Anjaneyulu (Died) – Respondent
Headnote: Read headnote
ORDER :
1. 1st Plaintiff in the suit filed the above revision against the order dated 28.11.2022 in O.S. No. 101 of 2009 on the file of Principal Senior Civil Judge, Guntur.
2. Plaintiffs filed suit O.S. No. 101 of 2009 against the defendants seeking specific performance of possessory sale agreements dated 08.11.1996, 12.02.1997, 29.01.1997, 28.09.1996, 22.12.1996, 14.12.1996, 24.11.1996, 24.11.1996, 24.11.1996, 14.12.1996, 30.10.1996, 30.10.1996, 15.11.1996, 03.01.1996, 24.10.1996, 29.01.1997 and 10.11.1996 respectively etc.
3. Defendants by filing written statement are contesting the suit.
4. PW-1 filed affidavit in lieu of chief examination along with possessory agreement of sale dated 08.11.1996. Trial Court by docket order dated 29.11.2022 came to the conclusion that document dated 08.11.1996 is liable for stamp duty and penalty and hence, declined to receive the same. Aggrieved by the same, the above revision is f
Agreements evidencing delivery of possession are liable for stamp duty as conveyances under the Stamp Act.
An agreement of sale not containing a delivery of possession recital is exempt from stamp duty as per the Indian Stamp Act.
The court ruled that the liability to pay stamp duty on an agreement to sell is debatable, and impounding the agreement is inappropriate when possession is disputed.
An agreement of sale with possession requires stamp duty, and prior tenant status does not exempt the agreement from this requirement.
The main legal point established in the judgment is that the actual delivery of possession and the purpose of the delivery are crucial factors in determining the applicability of stamp duty under the....
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