KHASIM SAHEB Vs. HANUMANTHU

JUDGEMENT

(1.) This Civil Revision Petition, by the plaintiff, is directed against the order, dated 20.10.2003, passed by the Civil Junior Civil Judge, Pattikonda, Kurnool District, in C.F.R.No.2428 of 2003, in an un-numbered Original suit, insisting for payment of stamp duty and penalty on the sit document, which is an agreement of sale, for registering the plaint, at the time of registration of the plaint as a suit.

(2.) The facts, as could be seen from the impugned order, are that the petitioner herein had instituted the suit for specific performance of an agreement of sale against the respondent herein on the basis of an agreement of sale dated 17.6.1992. Officer of the court below took an objection as to the maintainability of the suit stating that the suit document i.e. agreement of sale dated 17.6.1992, is a sale deed in the eye of law and not an agreement of sale simpliciter inasmuch as the recitals in the agreement of sale show that the property was delivered to the petitioner/plaintiff along with the agreement and hence the suit cannot be numbered unless the required stamp duty and penalty on the said basic document is paid.

(3.) The court below heard the learned Counsel appearing for the petitioner/plaintiff and ultimately directed the Office of the court below to calculate the stamp duty and penalty payable by the petitioner on the suit document dated 17.6.1992 and directed the petitioner to pay the stamp and penalty on the suit document within fifteen days from the date of the impugned order making it clear that in case the petitioner fails to pay the stamp duty and penalty within the aforesaid period, the plaint shall stand rejected under Order VII, Rule 11(d) C.P.C. Aggrieved by the aforesaid order of the court below, plaintiff preferred this civil revision petition. Heard the learned Counsel for the petitioner. Perused the impugned order as well as other material papers on record.