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SUBBA REDDY SATTI
Gonipati Lakshmi Rajyam (Died) – Appellant
Versus
Kondepudi Bhaskara Rama Rao S/o Kondepudi Venkata Narasimha Rao – Respondent
Headnote: Read headnote
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.
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....
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.
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