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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S.BHANUMATHI
K.P. Sreenivasa Reddy – Appellant
Versus
S. Thirupal Reddy – Respondent
ORDER :
1. This civil revision petition is filed under Article 227 of the Constitution of India against the order, dated 15.07.2025, dismissing I.A.No.56 of 2025 in O.S.No.48 of 2015 on the file of the Court of II Additional District Judge, Hindupur, filed by the defendant under Order XIII, Rule 3 C.P.C. read with Sections 35 & 36 of the Indian Stamp Act, 1899, to demark exhibit A1, suit agreement of sale, dated 01.02.2013.
2. The case of the petitioner/defendant, in brief, is as follows:
The respondents/plaintiffs filed the suit against the revision petitioner/defendant seeking specific performance of Ex.A1, suit agreement to sell, dated 01.02.2013, executed by the defendant. During cross-examination, the plaintiff admitted that he had taken possession of the suit schedule property by virtue of Ex.A1 and thus, it is clear that the plaintiff is in possession of the suit schedule property. The agreement of sale was executed on stamp papers worth Rs.100/- and such a document cannot be admitted in evidence without collecting stamp duty and penalty by impounding the document. An agreement of sale evidencing delivery of possession of the property is chargeable. As per the explanation-1 t
Agreements of sale must be duly stamped to be admissible in evidence; insufficiently stamped documents are invalid if they do not confer actual possession.
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
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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