M ABDUL RAHAMAN Vs. KANTAMANI VEERA VENKATA SATHYANARAYANA
HIGH COURT OF ANDHRA PRADESH
M Abdul Rahaman
Kantamani Veera Venkata Sathyanarayana
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(1.)This petition is filed under Article 227 of the Constitution of India questioning the docket
Order, dtd. 16/6/2014 in O.S.No.394/2004 on the file of Principal Junior
Civil Judge, Adoni, Kurnool District, admitting the document i.e., agreement of
sale of the year 1985 in evidence on the same day. The suit was filed for
various reliefs for partition and separate possession of plaintiff's share and
to declare the sale deed, dtd. 6/1/1986 executed by defendants 1 to 6 in
favour of 7th defendant, and re-sale by 7th defendant in favour of respondents
8 and 9, as illegal, null and void and other consequential reliefs.
(2.)The suit is being contested by the respondents and during the course of trial the document i.e.,
agreement of sale, dtd. 22/5/1985 evidencing delivery of the possession of
the property was tendered for marking in the examination- in-chief of D.W.1. Then,
the petitioner raised an objection that the said document is liable for stamp
duty and penalty on the ground that when the agreement of sale is followed by delivery
of possession, it is liable to be stamped under Article 47(A) of Schedule (IA)
of the Indian Stamp Act, 1908 (AP) (Amendment) (Act 17 of 1986). But, the trial
Court held that the amendment of Act is came into force on 1/4/1995 whereas the
document i.e., the agreement of sale pertains to the year 1985. Therefore, no
stamp duty and penalty need be paid and not sustained the objection raised by the
petitioner/ 2nd plaintiff before the trial Court.
(3.)Aggrieved by the Order passed by the Court below admitting the agreement of sale in evidence,
present petition is filed under Article 227 of the Constitution of India by
raising a specific contention that the amendment of the Act came into force on
1/4/1995 and when the document is tendered for marking before the trial Court, it is liable to be stamped under Article 47(A) of Schedule (IA) of the
Indian Stamp Act, 1908 (AP) (Amendment) (Act 17 of 1986). But the trial Court
did not consider the same in proper perspective and committed an error in
admitting said document in evidence.
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