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2010 Supreme(Online)(AP) 13

ANDHRA PRADESH HIGH COURT
L. Narasimha Reddy, J.
Sri Lakshmi Housing Enterprises Hyderabad v. Haji Begum and Others


1. The petitioner filed O.S. No. 622 of 2006 in the Court of V Additional Senior Civil Judge (Fast Track Court), Ranga Reddy District for the relief of specific performance of an agreement of sale dated 14.3.1992 in respect of the suit schedule property and for the relief of perpetual injunction. The trial of the suit commenced and he sought to file the original of the agreement into the Court. An objection was raised by the respondents as to the admissibility of the document, on the ground that it was not properly stamped. According to the respondents, the agreement is required to be stamped as per Art.47A of Schedule 1A to the Indian Stamp Act . The petitioner pleaded that there is no recital as to delivery of possession in the agreement and as such, it is not at all liable to be stamped. The trial Court did not agree with the petitioner and through its order, dated 18.4.2010, it directed the petitioner to pay the required stamp duty and penalty as provided for under the Indian Stamp Act or to get it impounded under S.38(1) of the Indian Stamp Act . The same is challenged in this revision.

2. Heard the learned Counsel for the petitioner and the learned Counsel for the responde





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