P L V PRASAD Vs. J KOTESHWAR RAO

JUDGEMENT

(1.) The revision petitioner is the plaintiff in O.S.No.1584 of 2013, which is a suit for specific performance of the oral contract for sale later evidenced by receipt for consideration passed and acknowledged, maintained against the defendants. It is pending the suit, there was an I.A.No.1147 of 2013 filed by the plaintiff for temporary injunction under Order 39 Rules 1 & 2 read with Section 94 and 151 CPC to restrain the defendants from interfering with the possession of the plaintiff, which he claims orally delivered or permitted to reside as the case may be in both the temporary injunction and suit referred supra. The plaintiff filed memo in S.R.No.5099 of 2013 to consider the receipt passed by the defendant for the consideration received pursuant to the earlier oral contract for sale, which he acknowledged what is paid and to be paid. The lower Court after hearing both sides on the memo passed the impugned order, which is while hearing the temporary injunction application holding the receipt evidences delivery of possession of the property under oral contract for sale and thereby it is liable for stamp duty as conveyance out of the agreement of sale. It is the order on the memo dated 26.03.2014, impugned by the plaintiff in the present revision.

(2.) The lower Court referred the Division Bench Expression of this Court in B.Ratnamala Vs. G.Rudramma, 1999 6 ALD 160 (DB) on the scope of Article 47-A of Schedule 1A of Stamp Act.

(3.) Heard the respective contentions of the learned counsel for the revision petitioner in impugning the order and the respective contentions of the learned counsel for the revision respondent in supporting the order of the lower Court and perused the material on record and provisions and proposition supra.