JAYALAKSHMI REDDY Vs. THIPPANNA

JUDGEMENT

(1.) HEARD the arguments of the learned Counsel for the petitioner and carefully perused the case papers including the impugned order made by the Court below.

(2.) BY the impugned order, the Court below has directed the petitioner herein to pay the deficit stamp duty of Rs. 1,450/- with penalty of Rs. 14,500/- for the sale agreement dated 4-11-1995 being admitted in evidence.

(3.) THE petitioner herein is the plaintiff before the Trial Court. The suit of the petitioner-plaintiff is for the relief of specific performance on the basis of a sale agreement dated 4-11-1995 and also for the consequential relief of permanent injunction. The respondents/defendants has denied the execution of the agreement of sale in favour of the petitioner herein. During the course of the trial, when the petitioner herein was examined as P. W. 1 and wanted to mark the sale agreement in the evidence, the other side objected for the marking of the said agreement on the ground that it is unregistered and as also the same is not duly stamped. The Trial Court has upheld the objection of the respondents and passed the impugned order which reads as under: