S VIJAYALAKSHMI Vs. BOYAPALI SANTHAMMA

JUDGEMENT

(1.) This revision is filed against the order passed by the learned Additional District Judge, Madanapalle in O.S. No.6 of 1999 dated 3-12-2001.

(2.) The suit was filed by the plaintiff directing the defendant to receive the balance of sale consideration of Rs.1,49,000/- in turn the defendant as per the terms of the suit agreement dated 6-11-1997 has to execute the Sale deed. Another relief is also framed directing the defendant to deliver the possession of the plaint schedule property to the plaintiff or to the persons specified by the plaintiff.

(3.) During the course of trial, the plaintiff tried to introduce the agreement of sale dated 6-11-1997 and mark the same as the suit document. But the same was objected by the defendants on the ground that it is not properly stamped. The lower court after hearing the learned counsel for the parties held that since the possession was delivered in pursuance of the agreement, it requires necessary stamp duty. The said order is assailed in this revision.