JUPUDI KESAVA RAO Vs. PUL WARTHI VENKATA SUBBARAO

JUDGEMENT

(1.) The main question in these three appeals is, whether reception of secondary evidence of a written agreement to grant a lease is barred by the provisions of Sections 35 and 36 of the Indian Stamp Act.

(2.) The relevant facts are as follows. There is a rice mill in Bhimavaram, West Godavari District, which was formerly owned by the appellant along with respondents 3, 4 and 5. The mill was built on a site with an area of Ac. 1-75 by one K. N. Raju who had obtained a lease thereof from the guardian of respondents 1 and 2. It was executed on 21st December, 1941 and was to expire on 17th July, 1956. The appellant and respondents 3, 4 and 5 were successors-in-interest of the said lease-hold rights. Respondents 1 and 2 served notice of ejectment on the lessees to quit the site and deliver possession on the expiry of the said lease.

(3.) According to the lessees there were negotiations for a new lease. Respondents 1 and 2 demanded enhanced rent and an agreement was ultimately arrived at on January 6, 1957 between the appellant and respondent No. 5 for themselves and on behalf of respondents 3 and 4 on the one hand and respondents 1 and 2 on the other for grant of a new lease for a period of thirty years commencing on January 1, 1957. The rent was fixed at Rs. 540/- per annum payable every two months. There was an option given to the lessors to purchase the rice mill at a price to be fixed by the President of the Rice Mills' Association but in case the said option was not exercised, the lessees were entitled to remove the structures of the Mill. The lessees were to continue in possession and a deed of lease was to be executed and registered within a short time. The agreement was written on two stamp papers of Rs. 0-12-0 each and signed by the appellant and the 5th respondent on the one hand and respondent No. 1 on his own behalf and on behalf of respondent No. 2. The document was delivered to the respondent No. 1 after execution.