THE HON'BLE SRI JUSTICE B.PRAKASH RAO 7th August 2009 CIVIL REVISION PETITION NO.703 of 2009 Between: Smt.Kuncham Kavitha, W/o.Venkata Reddy, 38 years, Business, R/o.4-1-911/1/2, Flat No.207, S.K.Apartments, Opp.Reddy Hostel, Tilak Road, Hyderabad. …PETITIONER AND Chalapathi Educational Society, Chalapathi Nagar, Lam, Tadikonda Mandalam, Guntur District, rep.by its President, Sri Yelamanchili Veeranjaneyulu, S/o.Seetharamaiah, Aged Major, R/o.4/2, Vidyanagar, Guntur. …RESPONDENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.703 of 2009 ORDER: Heard both the sides and at their request, the revision itself is taken up for disposal. The petitioner-defendant files this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 03.12.2008 in O.S.No.110 of 2006 on the file of the District Judge, Guntur, in overruling the objection to mark agreement of sale dated 16.08.2005 and permitting the respondent-plaintiff to mark the same as Exhibit on his behalf. The case of the petitioner is to the effect that marking of the said agreement of sale dated 16.08.2005 is objected on the ground that it is liable for stamp duty and penalty and hence, it is not admissible in evidence. In the suit, in pursuance of which specific relief is sought, the stamp duty is only Rs.50/- {Rupees fifty only}, whereas as per the schedule, the stamp duty required is Rs.100/- {Rupees one hundred only}. This aspect was not considered by the Court below. Therefore, the finding of the Court below is not tenable and hence, the revision. Having considered the submissions made on either side and on perusal of the material available on record, it is seen that the objection in regard to quantum of stamp duty paid, prima facie, is correct. Necessarily, as per the schedule, the stamp duty required is Rs.100/- {Rupees one hundred only} and not Rs.50/- {Rupees fifty only}. Therefore, it warrants not only for payment of deficit stamp duty but also penalty and only on such payment, the said document can be received. Subject to the above, the Civil Revision Petition is allowed and the matter is remitted to the Court below for fresh consideration by calling upon the respondent-plaintiff to pay the deficit stamp duty. No costs. _________________ (B.PRAKASH RAO, J) 7th August 2009 RRB