SINGAMASETTY VARALAKSHMAMMA Vs. CHERUKURU JANARDHANA REDDY

JUDGEMENT

(1.) THIS revision is directed against the order dated 1/11/2007 passed in I. A. No. 380 of 2007 in S. C. No. 31 of 2004 on the file of the Court of the Senior Civil judge, Gudur, whereby, the learned Senior civil Judge dismissed the application filed by the petitioners/defendants under Article 6 (B) of Schedule I-A of the Indian Stamp Act, 1899 (for short "the Act") read with Section 151 of the Code of Civil Procedure, 1908.

(2.) BRIEF facts are that the respondent herein instituted the said suit against the petitioners for recovery of advance amount of Rs. 10,000/- paid by her pursuant to an agreement of sale dated 14-12-2002. During the course of trial, the said agreement was marked as an exhibit and at that juncture, the petitioners herein took an objection that the said agreement is inadmissible in evidence as it is not properly stamped. According to the petitioners, as the total consideration is Rs. 24,00,000/-, the agreement of sale ought to have been executed on a stamp paper worth Rs. 1,20,000/-, but as it was executed on a stamp paper worth rs. 100/- only, it is inadmissible, and that if the respondent requires that agreement to be admitted in evidence, he has to pay the deficit stamp duty of Rs. 1,19. 900/- and penalty. However, the Court below did not accept the said contention and accordingly dismissed the application. Aggrieved thereby, this revision is filed.

(3.) HEARD Smt. M. Suguna, learned counsel for the petitioners and Sri D. Seetharami reddy, learned counsel for the respondent and perused the record.