LINGA REDDY M Vs. D GANGI REDDY

JUDGEMENT

(1.) The interesting question that arises in this civil revision petition is whether an agreement of sale stipulating delivery of possession on payment of certain amount is exigible to stamp duty as conveyance under Explanation to Article 47-A of Schedule I-A to the Indian Stamp Act (for short 'the Act) as applicable in Andhra Pradesh, when subsequently as per the stipulation possession was delivered.

(2.) The petitioner entered into agreement on 22-4-1990 with the 2nd respondent who agreed to sell four acres of land for Rs. 20,000/-. As per the agreement, Rs. 8,000/- was paid by the buyer and the balance Rs. 12,000/- was agreed to be paid within two months. The 2nd respondent has undertaken to deliver possession of the property and execute the sale deed as and when desired by the buyer, if the balance of Rs. 12,000/- is paid. The agreement was executed on Rs. 20/- stamp paper. Subsequently, on 30-5-1990, the petitioner paid balance sale consideration of Rs. 12,000/- and the second respondent delivered possession of the property to the petitioner. This endorsement was made on the back of the agreement duly signed by second respondent. In E.A.No. 157 of 1993 in O.S.No. 335 of 1978, the petitioner sought to mark this agreement in support of his plea that the property belongs to him and cannot be attached in execution of the decree against first respondent. The learned Counsel for the decree holder objected to it stating that under Article 47-A of Schedule I-A to the Act, the document is insufficiently stamped and cannot be admitted. The lower Court upheld the objection. Hence, this revision petition.

(3.) Shri P.S. Narayana, learned Counsel for the petitioner, contends that Explanation to Article 47-A of the Act applies only if possession follows immediately on execution of the agreement of sale or if possession was already delivered pursuant to execution of the agreement or atleast at the time of the agreement and as in the instant case, possession was delivered after one month and 8 days, Explanation to Article 47-A does not apply. To appreciate this contention, it is necessary to note the background of introduction of Explanation to Article 47-A of the Act which together with Proviso to Article 20 was inserted by A.P. Amendment Act 17 of 1986. Article 20 of Schedule I-A reads as follows: