GOPI KRISHNA TRIVEDI Vs. SUDAMA PRASAD OJHA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) Challenge in this appeal is to the order passed by a learned single Judge of the Calcutta High Court allowing the revision petition filed by the respondent. In a Suit for specific performance of the contract for sale of immovable property, the present respondent took the stand that he had entered into an oral agreement with the defendant, i.e. the present appellant for purchase of the Suit property for a consideration of Rs. 6,01,000/-. Following the execution of the contract, an amount of Rs. 3,51,000/- was stated to have been paid. It was followed by another payment of Rs. 1,11,618/-. The defendant acknowledged the factum of acceptance of part payment of the consideration amount. When the Suit came up for hearing, the respondent came up with the application for accepting certain documents, i.e. the documents containing the terms and conditions of agreement and certain rent receipts. The appellant took the stand that these documents cannot be admitted because there was no payment of stamp duty. The Trial Court took the view that the document is nothing but a letter incorporating the terms and conditions of an agreement for sale of a property and the receipts were just acknowledgment of the factum of acceptance of money. Accordingly, the Trial Court refused to impound the aforesaid documents.