IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.1388 OF 2009 Burdanganti Shamadattu ..... Petitioner/Plaintiff AND Burgula Swaroopa ..... Respondent/Respondent The Court made the following: ORDER: This revision petition under Article 227 of the Constitution of India is directed against the order, dated 16.02.2009, in O.S.No.163 of 2004, on the file of the learned Senior Civil Judge, Karimnagar, whereunder and whereby, the plaintiff was directed to pay the stamp duty in accordance with Article 6-B of Schedule 1-A of the Indian Stamp Act, 1899 (for short ‘the Act’). 2. Learned counsel appearing for the petitioner/plaintiff contended that the agreement of sale, dated 13.05.2004, is only in respect of sale of house property bearing Door No. 10-4-100/1, together with the vacant site in Survey No.1327/A, B, to an extent of 242 square yards, situated at Vavilalapalli locality of Karimnagar town and district, and therefore, it squarely falls under Article 6-A of Schedule 1-A of the Act and therefore, he prays to set aside the impugned order. 3. None appeared for the respondent inspite of service of notice. 4. A careful reading of Article 6-B of Schedule 1-A of the Act goes to show that it is applicable if the agreement relates to construction of a house, or building including a multi-unit house, or building, or unit of apartment/flat/portion of a multi-storeyed building, or for development/sale of any other immovable property. 5. The copy of the agreement filed along with the other revision petition, would go to show that the plaintiff agreed to purchase the old house bearing Door No.10-4-100/1, together with the vacant site in Survey No.1327/A, B, to an extent of 242 square yards, situated at Vavilalapalli locality of Karimnagar town and district, for a valuable consideration of Rs.3,40,000/-. Therefore, as seen from the said agreement, it is not for construction of a house or development for construction of the flats, or multi-storeyed building. It is an agreement to purchase the old house together with the vacant site. Therefore, the said agreement squarely falls under Article 6-A of Schedule 1-A of the Act but not under Article 6-B of Schedule 1-A of the Act. Hence, the impugned order, dated 16.02.2009, is liable to be set aside. 6. Accordingly, the Civil Revision Petition is allowed setting aside the order, dated 16.02.2009, in O.S.No.163 of 2004, on the file of the learned Senior Civil Judge, Karimnagar. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 24th August, 2009. KL