Pradeep Nandrajog, J.

CM No. 28971/2016

Allowed subject to just exceptions.

CM Nos. 28972-73/2016

For the reasons stated in the two applications delay in filing and re-filing the appeal is condoned.

The applications are disposed of.

RFA (OS) No.61/2016

1. The appeal challenges an order dated August 03, 2015 holding that on account of Article 23A of the Indian Stamp Act, 1899 as applicable in Delhi, since the appellant had relied upon an agreement to sell which was an unregistered document and did not bear the requisite stamp duty, no right could be claimed under the agreement to sell.

2. The result was the suit has been dismissed in limine. Having perused the record of the suit and the agreement to sell in question relied upon by the appellant we find the view taken by the learned Single Judge to be contrary to law. Article 23A of the Stamp Act referred to by the learned Single Judge requires 90% stamp duty to be paid for an agreement to sell where possession of the immovable property is handed over, and in the instant case we find that possession has not been handed over. The learned Single Judge has overlooked the fact that there was prayer in the suit for a decree of possessio