M A GAFOOR Vs. MOHAMMAD JANI

JUDGEMENT

(1.) This revision is filed by the plaintiff in O.S. No.101 of 1991 on the file of the VII Additional Judge, City Civil Court, Hyderabad, questioning the impugned order dated 11-4-1997 passed in IA (SR) No.1074 of 1997 holding that the suit agreement of sale dated 10-4-1990 is liable to be stamped as a sale-deed as contemplated under Article 47-A of Schedule I-A of the Indian Stamp Act (for short the 'Act').

(2.) The petitioner/plaintiff filed the suit agreement in O.S. No.101 of 1991against the respondents/defendants seeking the relief of specific performance of the suit agreement of sale dated 10-4-1990 said to have been executed in his favour by the 3rd defendant, who is the father of defendants 1 and 2. During the course of his evidence, the plaintiff as P.W.I sought to mark the suit agreement as exhibit. Objection was taken for such marking on the ground that it is not duly stamped as contemplated under Article 47-A of the Act for treating the same as a sale-deed. In view of the delivery of possession of the property effected under the said document, the learned VII Additional Judge upheld such objection and treated the document as liable for stamp duty as a sale-deed under Article 47-A of the Act. Questioning the said order, the present revision is filed by the plaintiff.

(3.) Heard the learned Counsel for both sides.