BELLAM CHENCHIAH Vs. NELLORE MANJULAMMA

JUDGEMENT

(1.) The Civil Revision Petition is filed aggrieved by the Docket Order dtd. 26/7/2022 in O.S.No. 59 of 2020 passed by the Principal Senior Civil Judge, Nellore, SPSR Nellore District.

(2.) The Petitioners are the Plaintiffs. A suit was filed for agreement of sale dtd. 27/6/2019 said to have been executed by the Defendant in their favour. At the time of marking the documents, an objection was taken by the Defendant questioning the admissibility of the suit agreement of sale on the ground that it is liable for stamp duty and penalty as it has all the characteristics of sale as defined in Sec. 54 of the Transfer of the Property Act.

(3.) The trial Court after placing reliance on the Judgments of this Court and the Hon'ble Apex Court reported in Ch. Srinivas v Moola Sujatha and others,2010 (1) ALD 246, Om Prakash V. Lakshminarayana,AIR 2014 SC 123 and B. Ratnamala v G. Rudramma,1999 (6) ALD 160 held that the agreement in question has all the characteristics of a sale as contemplated under Article 47- A of Schedule IA of the Indian Stamp Act and that the Plaintiff is liable to pay stamp duty and penalty for being admitted in evidence. Questioning the same, the present Civil Revision Petition is filed.