THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.1001 of 2011 ORDER: Heard the learned Counsel for the petitioner. None appears for the respondents. The petitioner herein is the plaintiff, who filed the suit in O.S.No.262 of 2007 on the file of XIII Additional Chief Judge, City Civil Court, Hyderabad, for specific performance of an agreement of sale, in respect of which, now the Court below has called upon the petitioner to pay the stamp duty and penalty treating it as a possessory agreement of sale. On perusal of the agreement of sale, it is apparent that it is a non-possessory agreement. Further, the order was passed without any opportunity being given to the petitioner and no reasons were assigned as to why such requirement of stamp duty is necessary. Be that as it may, having regard to the fact that it is being a non- possessory agreement, payment of stamp duty does not arise. In the above circumstances, the Civil Revision Petition is allowed and the impugned order is set aside. B.PRAKASH RAO, J Date: 18.04.2011 Note: Issue CC in three days B/O Nn THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.1001 of 2011 18.4.2011