CHALLA RAMA KRISHNA REDDY Vs. PULUSU PERI REDDY

JUDGEMENT

(1.) This Civil Revision Petition arises out of Order dated 24.03.2011 in O.S. No. 182 of 2007 on the file of the learned IV Additional District Judge, Guntur. The respondent filed the above-mentioned suit against the petitioner for recovery of Rs. 14,15,200/- with subsequent interest at 12% p.a. The suit is filed on the foot of a document dated 28.01.2006.

(2.) The said document was un-registered bearing a stamp of Re.1/-. When the office has taken objection at the time of numbering, an undertaking was given by the counsel for the respondent that proper stamp duty will be paid at the time of marking the document in evidence. When the document was considered for admission in evidence, the lower Court has considered the office objection and rejected the same. It is held that the contents of the document would show that the defendant acknowledged the debt due to the plaintiff and agreed to discharge the debt in installments and that in case of his failure to do so, he would execute a sale deed in respect of the property covered by the document. The lower Court further held that the document contains two parts i.e., the first part of the document relates to acknowledging the debt due to the plaintiff and the second part relates to an undertaking to execute a sale deed and that since the suit is filed for recovery of money and not for specific performance, the first part of the document alone is relevant for consideration. Accordingly, the lower Court has admitted the document in evidence as acknowledgement of debt which is not liable for stamp duty and penalty.

(3.) The learned counsel for the petitioner submitted that even though the order of the lower Court reads as if the same was passed after hearing the counsel for both the parties, there was no opportunity for the counsel for the petitioner to advance his arguments and that in fact no arguments were advanced by the petitioner's counsel.