NERUSU RAMESH Vs. POLAVARAPU VENKATA KRISHNA RAO

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India, by the plaintiff is directed against the orders, dtd. 31/12/2019, passed in OS.No.192 of 2015 on the file of the Court of V Additional District Judge, Vijayawada.

(2.) Heard Sri Yellabandi Ramatirtha, learned counsel appearing for the revision petitioner/plaintiff. Notice sent to the respondents to the same address as given before the trial Court returned un-served.

(3.) The facts, in brief, are that the 1st defendant entered into an agreement of sale, dtd. 2/7/2013, in favour of the 2 nd defendant for a total consideration of Rs.15,00,000.00. In pursuance of the said agreement, the 2nd defendant paid Rs.7,50,000.00 towards part of consideration. However, the 1st defendant failed to comply his part of contractual obligation as per the sale agreement. Hence, the 2nd defendant filed a suit for specific performance of the agreement, dtd. 2/7/2013, in O.S.No.82 of 2014 on the file of XIII Additional District Judge, Vijayawada, against the 1st defendant and the same is pending. When the said agreement of sale, dtd. 2/7/2013, is sought to be marked in the present suit, O.S.No.192 of 2015, the plaintiff raised an objection on the ground that it is inadmissible in evidence for want of sufficient stamp duty and registration.