HONOURABLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No. 3639 OF 2009. DATED 23RD DAY OF FEBRUARY, 2010. BETWEEN Kagita Venkata Ramamohana Rao ……Petitioner and Nuthalapati Veresalinga Prasad and anr … Respondents. HONOURABLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No. 3639 OF 2009. ORDER: This Civil Revision Petition is directed against the order dated 27.4.2009 passed in O.S.No. 19 of 2006 on the ﬁle of learned Additional Junior Civil Judge, Chirala, whereunder and whereby, the trial Court rejected the document sought to be marked by the plaintiﬀ in evidence as inadmissible in evidence. Admittedly, the suit was ﬁled for return of earnest money pursuant to an unregistered agreement of sale dated 2.3.2005 executed by the ﬁrst respondent/ﬁrst defendant in favour of the petitioner/plaintiﬀ. The said agreement is sought to be marked in evidence. The Trial Court rejected the same as inadmissible under law. Section 35 of the Indian Stamp Act, 1899 provides that no instrument chargeable with duty shall be admitted in evidence for any purpose unless such instrument is duly stamped. Article 6 of Schedule 1-A of the Act reads that an agreement or memorandum of agreement not otherwise provided for, where the value of property exceeds Rs.50,000, proper duty payable is Rs.100/-. Admittedly, it is not in dispute that the suit is filed for return of earnest money of Rs.75,000/- and interest accrued thereon in pursuance of the agreement of sale and not for enforcement of contract. The stamp duty paid on the agreement of sale is Rs.100/- Therefore it is clearly admissible in evidence. In that view of the matter, the order under revision dated 27.4.2009 passed in O.S.No. 19 of 2006 is set aside and the trial Court is directed to receive the document sought to be marked in evidence. The Civil Revision Petition is allowed. No order as to costs. --------------------------------- JUSTICE K.C. BHANU DATED 23RD FEBRUARY, 2010. Msnr.