Telangana High Court
CRP/3913/2014 of Shaik Tajuddin, Vs Ravuri Mohan Parvatheesam (died) on 31 December 2014
SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3913 OF 2014 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order and decree, dated 13.08.2014, in I.A.No.1835 of 2014 in Land Grabbing Original Petition No.164 of 2012 passed by the
THE HON'BLE SRI JUSTICE K.C.BHANU
CIVIL REVISION PETITION No.3913 OF 2014
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ORDER:
This Civil Revision Petition, under Article 227 of the Constitutionof India, is directed against the order and decree, dated 13.08.2014, inI.A.No.1835 of 2014 in Land Grabbing Original Petition No.164 of 2012passed by the Principal District Judge, Guntur.
2. Petitioner herein/applicant filed the aforesaid InterlocutoryApplication under Section 35 of the Indian Stamp Act, 1899 (for short,‘the Act’) to send possessory sale agreement, dated 11.03.2008, to theDistrict Registrar’s Office, Guntur, for collection of stamp duty andpenalty. The said petition was dismissed.
3. Heard.
4. It is not in dispute before this Court that the person who allegedto have executed possessory sale agreement, dated 11.03.2008, diedon 18.09.2001 i.e., nearly seven years prior to execution of the saiddocument. Ex.A.4- death certificate of the said person would clearly goto show that the executant of possessory sale agreement, dated11.03.2008, died on 18.09.2001. Therefore, the said document cannotbe relied upon. When the document, prima facie, is non est in the eyeof law, question of sending document to the District Registrar forimpounding does not arise.
5. Accordingly, the Civil Revision Petition is dismissed. Thereshall be no order as to costs. Miscellaneous petitions, if any, pendingin this Writ Petition shall stand closed.
______________________
JUSTICE K.C.BHANU
DECEMBER 31, 2014YVL
THE HON'BLE SRI JUSTICE K.C.BHANU
YVL
CIVIL REVISION PETITION No.3913 OF 2014
DATE:31.12.2014