L RAMA SEETHAMMA Vs. TELUGU SOLIPURAM NARASIMHA

JUDGEMENT

(1.) This Civil Revision case is filed by the defendant-petitioner against the order passed in I.A.No. 410 of 1998 in O.S.No. 29 of 1996, on 19th August, 1999 by the learned Senior Civil Judge, Nagerkurnool.

(2.) The backdrop of the case that leads to the filing of this revision, is that the plaintiff respondent filed a petition in I.A.No. 410 of 1998 under Sections 38 and 40 of the Indian Stamp Act seeking to send the agreement of sale dated 20-4-1991 to the Revenue Divisional Officer, Nagarkurnool for levying stamp duty and penalty in the light of the order of this Court in C.R.P.No. 4269 of 1994, dated 25-7-1996 on the ground that he had filed an agreement of sale executed by the petitioner-defendant on ten rupee stamp paper, which is deficitly stamped. As such the said agreement was referred to the Revenue Divisional Officer, Nagarkurnool for impounding. After impounding, the said agreement was sent back to the Court. The Court fee Examiner of this Court issued a check slip under Section 47-A of the Stamp Act, which was challenged before the Court below, which has held that the check slip is correct. Aggrieved by the same, the plaintiff respondent filed C.R.P.No. 4269 of 1994 before this Court and the same was dismissed holding that the document falls under Section 20 of Schedule 1-A of Stamp Act. As such, the stamp duty and penalty has to be paid as on agreement of sale under Article 47-A of the Stamp Act.

(3.) On the other hand, the defendant petitioner filed counter contending that the petition is not maintainable in law. When the Court below upheld the check slip issued by the Court Fee examiner, the plaintiff-respondent is liable to pay the stamp duty and penalty. The question of again sending the document to the Revenue Divisional Officer, does not arise. This petition is filed only to drag on the proceedings. This is a suit based on document and the suit should have been numbered after payment of stamp duty and penalty. The plaintiff-respondent has no option except to make the payment of Rs. 35,000/-.