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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
Pulusu Venkanna – Appellant
Versus
Jakkula Vijaya Laxmi – Respondent
| Table of Content |
|---|
| 1. overview of case background and document details. (Para 1 , 12 , 13) |
| 2. plaintiff's claim for recovery of money. (Para 2 , 3 , 4) |
| 3. court's analysis of the document's nature and stamp duty issues. (Para 6 , 7 , 14 , 15 , 16) |
| 4. arguments regarding the nature of the disputed document. (Para 11) |
| 5. court's final order regarding the disputed document. (Para 17) |
ORDER :
G.RADHA RANI, J.
This Civil Revision Petition is filed by the petitioner-defendant aggrieved by the order dated 20.01.2025 passed in O.S No.22 of 2021 by the Senior Civil Judge, Suryapet, holding the document dated 16.02.2018 as promissory note and marking it as Ex.A4 during the chief examination of PW.1.
2. The facts of the case in brief are that the respondent-plaintiff filed the suit for recovery of money of Rs.20,30,000/- alleged to be due under a pro-note. The plaintiff contended that she was a senior citizen of 73 years of age. The defendant was doing Real Estate business and as a part of his business, he approached the plaintiff and purchased the lands from the plaintiff at Reddygudem village for a consideration of Rs.25,00,000/-. He paid part of the amount and stated that he would pay the balance amo
The contents of a document determine its nature as a promissory note; an under-stamped instrument cannot be admitted in evidence without necessary stamp duty and penalty.
A promissory note which is insufficiently stamped cannot be relied upon for any purpose under Section 35 of the Stamp Act, barring it from serving as an acknowledgment of debt.
The court established that a document can meet promissory note criteria but still be classified as a bond if not payable to order or bearer, under the Stamp Act.
(1) Once signature in promissory note is admitted, presumption would go to support execution of Pronote.(2) Stamp paper purchased by or for use of a person, can be used by that person or his legal re....
The burden of proof under sec.118 N.I. Act and the significance of the defendant's failure to rebut the presumption were central to the court's decision.
The presumption of execution in promissory notes under the Negotiable Instruments Act outweighs claims of fabrication by the defendant without substantial evidence.
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