K.T.THOMAS, R.P.SETHI
PETETI SUBBA RAO – Appellant
Versus
ANUMALA S. NARENDRA – Respondent
( 1 ) LEAVE granted.
( 2 ) A document was produced by the appellant in a suit which is now pending before the trial court. As the document was found to be falling within Explanation 1 of Article 47-A of Schedule 1-A of the Indian Stamp act (for short "the Act") as amended by the State of Andhra Pradesh, the trial court passed an order, the operative portion of which reads thus:"accordingly, for all the aforesaid reasons it is held that the agreement of sale dated 7-9-1992 is exigible to stamp duty as a sale under the Explanation to Article 47-A in Schedule 1-A to the Stamp Act and the point is accordingly decided in favour of the defendant. Admittedly, the agreement of sale is not stamped as required by the explanation to Article 47-A in Schedule 1-A to the Stamp Act. The office is therefore directed to calculate the deficit stamp duty and penalty payable on the suit agreement of sale dated 7-9-1992 treating it as a sale on a total consideration of Rs 16,50,000 mentioned in the agreement in accordance with Section 35 of the Stamp Act and issue a demand to the plaintiffs of the same. The plaintiffs shall deposit such stamp duty and penalty within a month from the date of receipt of
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