K. J. K. SETTY Vs. K. N. SETTY

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner/defendant under Article 227 of the Constitution of India against the orders passed by learned Senior Civil Judge, Proddatur, in O.S.No.215 of 2009, dtd. 15/10/2015 wherein Court below held that document dtd. 19/7/2009 though named as agreement of sale but it is a release deed admissible in evidence and the plaintiff shall take steps to get impound the same as per Registration Act and Stamp Act.

(2.) The respondent/plaintiff filed suit against the revision petitioner herein for specific performance of a contract in pursuance of document dtd. 19/7/2009 stating that himself and the revision petitioners have purchased plaint schedule house property under registered sale deed dtd. 19/10/1989 for valid consideration from rightful owners and ever since both have been enjoying property by running a kirana shop and thereafter revision petitioner herein agreed to sell his share of plaint schedule property and executed an agreement of sale dtd. 19/7/2009 in his favour and handed over the shop and delivered possession of plaint schedule property with a stipulation to receive sale consideration of Rs.4,00,000.00 within three months and execute registered sale deed which he failed due to that he filed suit for specific performance. The respondent has claimed that ever since the revision petitioner executed document dtd. 19/7/2009, he has got exclusive possession and enjoyment of plaint schedule property. The said suit is resisted by revision petitioner by filing written statement and during the trial, the respondent, who was examined as PW.1 intended to mark document dtd. 19/7/2009, which objected by revision petitioner and then Court below held that it is a release deed can be admitted in evidence after paying stamp duty by relying on ratio laid down by this Court in G.Dayanand Vs. District Registrar, Hyderabad and another 2012 (5) ALT 603.

(3.) Aggrieved by the orders passed by Court below, the petitioner preferred present revision petition stating that trial Court admitted unregistered and unstamped agreement of sale deed dtd. 19/7/2009, which is hit by Sec. 17 of Registration Act, which cannot be received in evidence.