KURAYAGALA SHAIK MAHABOOB BASHA Vs. SHAIK AMEER SAHEB

JUDGEMENT

(1.) THE petitioner filed O. S. No. 8 of 2007, in the Court of Senior Civil judge, Rayachoty, against the respondent, for recovery of a sum of Rs. 2,00,000/-, on the strength of a document dated 5. 1. 2004. Question arose, as to the classification of the document, in the context of payment of stamp duty. The petitioner contended that the document in question is only a receipt, as defined under sub-section (23) of Section 2 of the Indian Stamp act (for short "the Act" ). The respondent, on the other hand, pleaded that the document also answers the description of bond, as defined under sub-section (5) of Section 2 of the Act. Through its order, dated 26. 10. 2007, the trial Court held that the document is a bond. The said order is challenged in the CRP.

(2.) SRI M. N. Narasimha Reddy, learned Counsel for the petitioner, submits that the document in question is a receipt, and it does not contain the ingredients of a bond. He submits that the respondent has acknowledged the receipt of Rs. 2,00,000/-, and no condition is incorporated in it, as provided for under clause (a) to Section 2 (5)of the Act, nor does it fulfill the conditions, stipulated under the other clauses of the said provision.

(3.) SRI S. V. Bhatt, learned Counsel for the respondent, on the other hand, submits that apart from acknowledging the receipt of Rs. 2,00,000/-, the petitioner had undertaken to repay that amount, and that document was attested by two witnesses, and thereby it deserves to be treated as bond.