ANDHRA PRADESH HIGH COURT
L. Narasimha Reddy, J.
Sri Lakshmi Housing Enterprises Hyderabad v. Haji Begum and Others
| Table of Content |
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| 1. petitioner filed for specific performance regarding an agreement of sale. (Para 1 , 4) |
| 2. court discussed the implications of delivery of possession related to stamp duty. (Para 2 , 5) |
| 3. judgment referenced relevant case laws regarding possession and stamp duty. (Para 3 , 6) |
| 4. court allowed the petition, exempting the agreement from stamp duty. (Para 7) |
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
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