R VENKATRAM REDDY Vs. JETAMONI GOURAMMA

JUDGEMENT

(1.) THIS revision is directed against the order dated 17-02-2010 passed in I.A. No. 553 of 2009 in O.S. No. 91 of 2007 on the file of the Senior Civil Judge at Nagarkurnool, whereby and whereunder, the learned Senior Civil Judge dismissed the petition filed by the petitioners under Art. 47A of the Stamp Act read with Section 151 CPC.

(2.) THE respondent is the plaintiff and whereas the petitioners are the defendants in O.S. No. 91 of 2007 on the file of the Senior Civil Judge, at Nagarkurnool. THE plaintiff filed the suit for specific performance of contract of sale. According to the plaintiff, the 1st defendant as Kartha and Manager of the joint family offered for sale Of land known as KHASI REDDY WANI KUNTA to an extent of Ac.7-22 gutas situated at Tandoor village and Mandal, Mahabubnagar District. THE plaintiff agreed to purchase land and paid Rs. 50,000/- on 29-11-2004 and Rs. 1,00,000/- on 13-3-2005 and Rs. 1,49,000/- on 7-6- 2005. Thus, she paid total consideration of Rs. 2,99,000/- and the balance to be paid is Rs. 2,67,250/-. Despite his readiness and willingness for payment of the remaining sale consideration, the defendants evaded to receive balance sale consideration and execute the registered sale deed. Hence, he filed suit for specific performance of contract of sale. THE defendants filed written statement disputing the very contract of sale. THE plaintiff while being examined as PW.1 marked the receipt-cum-agreement of sale dated 29- 11-2004 as Ex.A-1. THEreafter, the defendants filed I.A. No. 553 of 2009 under Article 47A Explanation 1 of Stamp Act read with Section 151 CPC with the following relief:- "For all the reasons stated in the accompanying affidavit it is prayed that the Hon'ble Court be pleased to determine the admissibility of suit document dated 29-11-2004, the receipt-cum-agreement under Art. 47A, Explanation-1 of Stamp Act and to pass order or orders as the Hon'ble Court deems fit in the circumstances of the case."

(3.) HEARD learned counsel appearing for the parties.