K SANTHAKUMARI Vs. K SUSEELA DEVI

JUDGEMENT

(1.) This is a petition to revise the order of the District Munsiff, Kollapur dated 26-3-1959 holding that the two documents which had been filed by the defendant in that suit were contracts of sale and not agreements of sale and ordering as follows:

(2.) Two contentions have been raised before me as follows: 1. That the two documents are not sales but agreements to sell. 2. That the learned District Munsiff erred in ordering payment of stamp duty and penalty before the stage of admission of documents in evidence was reached.

(3.) POINT NO. 1 : Both the documents are of the same date 14-5-1958. Each of them contains the following recitals on which the plaintiff-respondent rely: 1.......the amount of decree could not be paid to you in full. For the payment of this amount, I have sold now my own dry land....... (rights in the land are transferred and consideration is paid). 2. The same has been given into your possession. 3. This land was purchased by me from Sivayya....... and its sale deed was registered on 2-3-1950. I have handed over that sale deed now to you.