R SUBBA NAIDU Vs. G SUBBAIAH

JUDGEMENT

(1.) The defendants in O.S.No.876/87 on the file of the First Additional District Munsif, Tirupati, are the revision petitioners. The lower Court held that the document dated 25-1-83 is a conveyance deed coming within the purview of Sec.2(10) of the Indian Stamp Act. The same is challenged in this revision petition.

(2.) The relevant recitals are as under:-

(3.) It is recited therein that they are not going to prefer any appeal against the judgment in O.S.No.312/80 as they received the amount of Rs.4,250/- and if they act contrary to the same, they are liable to pay Rs.3,250/-. Thus, it is not a case where title in the property referred to was conveyed after receiving Rs.4,250/-. The decree was already obtained by the person in whose favour this agreement was executed. From the recitals it can only be stated that the executants of the agreement had agreed not to prefer an appeal and he received Rs.4,250/- by way of consideration for not prefering appeal. Thus the title is not conveyed as per the said agreement as it cannot be treated as a conveyance deed, and it is only a document whereby the executants had under taken that they would not prefer appeal. Accordingly the revision petition is allowed and the impugned order is set aside. No costs.