MOHAMMED HAFEEZUDDIN Vs. M.A. HAFEEZ QUADARI

JUDGEMENT

(1.) The issue that arises for consideration, in these two Civil Revision Petitions, is one and the same and as such, both the Civil Revision Petitions were heard together and are being disposed of by this common order.

(2.) The petitioner herein filed a suit bearing C.F.R. No.635 of 2022 originally on the file of Court of the Principal District Judge, Adilabad, to declare him as the owner of half undivided share of the suit schedule property, for cancellation of certain registered documents and for recovery of an amount of Rs.12,00,000.00 from defendant No.4 towards mesne profits etc.

(3.) During the process of numbering of the said suit, an objection was raised with regard to the document, dtd. 13/7/2002, filed along with the plaint. The said objection was on the ground that the petitioner is claiming title over the subject property basing upon the said document, dtd. 13/7/2002 and therefore, the said document is required to be treated as simple Sale Deed and Stamp duty and penalty is required to be paid before numbering the suit. Thus, the learned trial Court, by an order, dtd. 25/4/2022, required the petitioner to pay an amount of Rs.20,85,160.00 being Stamp duty and penalty on the said document, dtd. 13/7/2002 and directed the office to number the suit subject to payment of the said Stamp duty.