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SUBBA REDDY SATTI
Gonipati Lakshmi Rajyam (Died) – Appellant
Versus
Kondepudi Bhaskara Rama Rao S/o Kondepudi Venkata Narasimha Rao – Respondent
ORDER :
1. Plaintiffs in the suit filed the above revision against the order dated 08.11.2022 in O.S. No. 497 of 2015 on the file of II Additional Senior Civil Judge, Rajamahendravaram.
2. Suit O.S. No. 497 of 2015 was filed by plaintiffs against the defendants seeking specific performance of agreement of sale dated 15.11.2010 or in alternative for refund of advance amount with interest etc.
3. Defendants by filing written statement are contesting the suit.
4. In the agreement of sale dated 15.11.2010 relied upon by the plaintiffs, it was recited that the schedule property has been in possession of the vendee from 1987. The said document was sought to be marked before the Court. Trial Court by order dated 08.11.2022 came to the conclusion that document dated 15.11.2010 is liable for stamp duty and penalty and hence, the same cannot be marked. Aggrieved by the same, the above revision is filed.
5. Sri A. Ravindra Babu, learned counsel for petitioners’ would submit that no delivery of property was effected under the agreement and hence, stamp duty and penalty need not be paid under Schedule I-A of Article 47-A of the Stamp Act, 1899. He would also submit that trial Court failed to conside
Agreements evidencing delivery of possession are liable for stamp duty as conveyances under the Stamp Act.
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....
Point of Law : Any agreement of sale which evidences delivery of possession by virtue of the said agreement of sale or any document which even records that delivery of possession had been done even b....
An agreement of sale not containing a delivery of possession recital is exempt from stamp duty as per the Indian Stamp Act.
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