AHMED ABDUL RAHEEM Vs. MOHD.ABDUL AZIZ

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India against the order dated 09.09.2009 passed by the Senior Civil Judge, Nizamabad in I.A. No. 769 of 2009 in O.S. No. 160 of 2004.

(2.) I have heard Sri V. Ravikiran Rao, Learned Counsel appearing for the revision petitioners. None appeared for the respondents/plaintiffs.

(3.) The respondents filed the suit before the Senior Civil Judge, Nizamabad for recovery of an amount of Rs. 1,88,000/- with interest. The suit is based on agreement of sale dated 09.10.2001 and the plaintiffs sought to recover the advance of Rs. 1,88,000/- allegedly paid by them together with interest under the agreement. They filed the suit document i.e. agreement to sell dated 09.10.2001 along with the suit. The revision petitioners, who are the defendants in the suit, raised an objection in the written statement that the suit document is inadmissible in evidence as it is not sufficiently stamped and it is not registered. They also contended that the said document is virtually a sale deed in view of Section 47-A of the Schedule 1-A of the Indian Stamp Act and it is not a mere agreement of sale.