LAKSHMI HOUSING ENTERPRISE Vs. HAJI BEGUM

JUDGEMENT

(1.) The petitioner filed O.S.No.622 of 2006 in the Court of V Additional Senior Civil Judge (Fast Track Court), Ranga Reddy District for the relief of specific performance of an agreement of sale dated 14.03.1992 in respect of the suit schedule property and for the relief of perpetual injunction. The trial of the suit commenced and he sought to file the original of the agreement into the Court. An objection was raised by the respondents as to the admissibility of the document, on the ground that it was not properly stamped. According to the respondents, the agreement is required to be stamped as per Article 47-A of Schedule 1-A to the Indian Stamp Act. The petitioner pleaded that there is no recital as to delivery of possession in the agreement and as such, it is not at all liable to be stamped. The trial Court did not agree with the petitioner and through its order, dated 18.04.2010, it directed the petitioner to pay the required stamp duty and penalty as provided for under the Indian Stamp Act or to get it impounded under Section 38(1) of the Indian Stamp Act. The same is challenged in this revision.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(3.) It is no doubt true that Article 47-A of Schedule 1-A to the Registration Act mandates that wherever an agreement of sale contains a recital to the effect that the possession of the property is delivered, it shall be stamped as though it is a sale deed. The stamp duty so paid shall be taken into account, at the time of execution of the sale deed. The whole controversy turns around the recitals in the agreement of sale. It contains various clauses and prominent among them are that a sum of Rs.60,000/- is paid as advance and the land is to be measured within one week from the date of agreement; and the balance of consideration shall be paid in 15 bi-monthly instalments. It was also mentioned that the parties shall cooperate for obtaining lay out in respect of the land. There is no recital to the effect that the possession of the property was delivered.