JETTI MADHUMAI Vs. CHIGURUPATI GIRIJA LAKSHMI

JUDGEMENT

(1.) These two revision petitions, under Article 227 of the Constitution of India, are directed against the orders, dtd. 22/11/2018, passed in I.A.Nos.2123 of 2018 and 2124 of 2018 in O.S.Nos.124 of 2013 and 125 of 2013 respectively on the file of the Court of II Additional District Judge, Guntur, filed by the 2nd defendant under Sec. 35 of the Indian Stamp Act, 1899, to send the disputed sale agreements, dtd. 8/8/2011 and 12/8/2011 respectively for payment of stamp duty and penalty.

(2.) Heard Sri M.R.K.Chakravarthy, learned counsel for the revision petitioner/2nd defendant and Sri N.A.Ramachandra Murthy, learned counsel for the 1st respondent/plaintiff. The parties shall hereinafter be referred to as the plaintiff and defendants for convenience and clarity.

(3.) The facts leading to filing of these two applications, in brief, are that the plaintiff, Chigurupati Girija Lakshmi, filed two suits, viz., O.S.Nos.124 of 2013 and 125 of 2013 on the file of the Court of II Additional District Judge, Guntur, seeking a direction to the defendants to execute the regular registered sale deed in favour of the plaintiff in respect of the suit schedule property and to deliver vacant possession of the suit schedule property or in the alternative to direct the 1st defendant to refund the sale consideration of Rs.22,75,000.00 and Rs.30,00,000.00 respectively. While so, the 2nd defendant in O.S.Nos.124 of 2013 and 125 of 2013, Jetti Madhumai and Posani Kalyan Teja, filed two interlocutory applications seeking a direction to the 1st respondent/plaintiff therein to pay the amounts required to make up the duty payable on the agreements of sale, dtd. 8/8/2011 and 12/8/2011 respectively.