HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR Between:
M.Eswara Rao.
Dated 24-06-2010 C.R.P. No.2706 of 2008 …Petitioner.
And:
J.Mahalakshmi and others.
…Respondents.
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2706 of 2008
ORDER:
The defendant in O.S.No.1161 of 2002 on the file of the Principal Junior Civil Judge, Vijayawada relies upon a possessory agreement of sale said to have been executed in his favour by the 1st plaintiff on 25- 6-2001. Since the petitioner is relying upon the said document and claiming possession of the suit schedule property based on the said document, the respondents/plaintiffs have been raising objection regarding deficit stamp duty. During cross-examination of P.W.1, the learned counsel for the petitioner-defendant was not allowed to raise the question relating to the document on account of the said objection. The petitioner therefore, filed the present application seeking directions from the Court below to send the said agreement of sale dated 25-6-2001 to the Sub-Collector, Vijayawada, Krishna District for the purpose of impounding. In the impugned order, the said application was dismissed. Hence this revision.
2. Learned counsel for the petitioner-defendant points out that the Court below has misdirected itself in going into the adjudication with respect of the validity o the said document rather than limited aspect of sending the document for impounding aspect. The impugned order clearly shows that the Court below has proceeded to think that the document in question is a document in nature of transfer of assigned lands and is prohibited and on that ground held that the said document itself is invalid. The petitioner requests to send the same for impounding.
3. Learned counsel for the petitioner relies upon a decision of this Court reported in L.RAMA SEETHAMMA v. TELUGU SOLIPURAM NARASIMHA ([1]) wherein it was held that once a party requests the court to send the document for impounding there is no option with the Court except to send the document to the revenue authorities under Section 38 (1) of the Stamp Act. Similar view is also expressed by another decision of this Court reported in SAI MOTORS v. K. RAJA REDDY ([2]).
4. In the light of above legal position, the petitioner- defendant is relying upon the document seeking to impound the said document and Court below has committed an error in rejecting the said request on the ground of alleged invalidity of the said document. As to whether the document is valid or otherwise would be considered by the Court only after the said document is impounded and deficit stamp duty etc., is paid inasmuch as the stage for adjudicating on the validity of the document is not yet arrived. Therefore, the impugned order is set aside and the application filed by the petitioner in I.A. No. 285 of 2008 shall stand allowed as prayed for.
Accordingly, this Civil Revision Petition is allowed. No costs.
JUSTICE VILAS V. AFZULPURKAR Dated 24-06-2010.
Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2706 of 2008 Dated 24-06-2010
[1] 2002-ALT-6-239
[2] 2004 (4) ALD (NOC) 297