ISRA FATIMA Vs. BISMILLAH BEGUM

JUDGEMENT

(1.) This civil revision petition is directed against the order, dated 10-9-2001 in IA No.1037 of 2001 in OS No.451 of 1996 on the file of the Court of the VII Junior Civil Judge, City Civil Court. Hyderabad.

(2.) The Plaintiff, who is the petitioner in IA No.1037 of 2001, is the revision petitioner. His case is that he filed the main suit for injunction in respect of the suit schedule property, and that the same was contested by the defendants, who are the respondents herein. During the course of the evidence of the defendants, 1 st defendant examined herself as DW1, and through him an agreement of sale was marked as Ex.B2. Subsequently, the plaintiff filed IA No. 1037 of 2001 under Section 151 CPC to de-exhibit the document marked as Ex.B2 on the ground that it was not sufficiently stamped. In the affidavit filed in support of the said application, it is stated that the documents in question being an agreement of sale coupled with delivery of possession should be on a stamp paper worth the value of the consideration mentioned in the agreement, and registration of such document is mandatory. It is contended that Ex.B2 was not sufficiently stamped and also not registered. However, the said fact was not brought to the notice of the Court, and consequently marking of the said document is totally unlawful and illegal. Accordingly, the plaintiff sought to de-exhibit the said document. The defendants opposed the said application. In the counter they denied the allegations made by the plaintiff and pleaded for dismissal of the petition.

(3.) The Court below, on consideration of the rival contentions, by order, dated 10-9-2001, dismissed the application by the following order: "Heard both sides and perused the petition affidavit and the document Ex.B2. Admittedly the agreement of sale was executed prior to 1995 on a Rs.50/- stamp. As such no stamp duty is required to be paid on the sale consideration by them and no registration is required. Moreover, in a suit for injunction filed by the plaintiff/petitioner the document marked on defendants side an agreement of sale may incidentally be gone through and it does not form basis to consider the title. Hence, petition is dismissed. No costs.