CHERYALA SRINIVAS Vs. MOOLA SUJATHA

JUDGEMENT

(1.) The parties are common to both the revisions. Hence, they are disposed of through common order.

(2.) The 1st respondent filed O.S.Nos. 34 and 35 of 2007 in the Court of Senior Civil Judge, Siddipet, against the petitioner and respondents 2 and 3 for the relief of specific performance of agreements of sale dated 15-12-2006, in respect of two separate items of property, situated at Narmetta Village, Mangunoor Mandal, Medak District. The trial of the suit commenced, and in the evidence of the 1st respondent, respective agreements of sale were sought to be marked.

(3.) The petitioner raised an objection, as to the admissibility of the documents. It was pleaded that the agreements required to be registered under entry 47-A of Schedule I-A of the Indian Stamp Act, 1899 (for short 'the Act') on account of the fact that there is a recital as to delivery of possession, and that the stamp duty for the documents is inadequate. The 1st respondent pleaded that though there is a recital, as to delivery of possession in the documents, several acts, which constitute effective delivery of possession, as indicated in the agreements, were to be undertaken by the petitioner. It was also alleged that the petitioner denied delivery of possession in the written- statement. The trial Court overruled the objection raised by the petitioner, through its docket orders dated 29-06-2009. Hence, these two revisions.