S. LAXMIBAI Vs. CHEERLA GOPAL

JUDGEMENT

(1.) THIS CRP is filed against the order dated 08.07.2014 in O.S. No. 3 of 2013.

(2.) THE case of the petitioner/defendant is that the respondent Nos. 1 to 5/plaintiffs filed O.S. No. 3 of 2013 for specific performance of agreement of sale dated 12.03.2009. The respondent Nos. 1 to 5 stated that in the pleading of the plaint coupled with the notice caused before institution of the suit, there is a recital of delivery of possession of the schedule mentioned property in pursuance of agreement to sale. As such, the said document should be treated as sale as explained under 47 -A of Stamp Act. Since the said document is not stamped as sale deed, the same cannot be received as evidence.

(3.) THE Court below has considered the objection of the petitioner/defendant and found that since the said document does not contain any recital regarding delivery of possession and that the respondents/plaintiffs also denied delivery of possession, it has overruled the objection raised by the petitioner/defendant. Hence the present Civil Revision Petition is filed.