THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.1073 OF 2011 DATED 10TH JUNE, 2011 BETWEEN Kamarowth Bala Raju …Petitioner And M.Mastan Bi and another. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.1073 OF 2011 ORDER: The plaintiff in the suit, O.S.No.956 of 2006, on the file of the Principal Junior Civil Judge, Kadapa, filed the present Civil Revision Prevision aggrieved by the order dated 17.02.2011 passed by the Court below holding that the petitioner had an option either to pay the stamp duty and penalty upon the unregistered usufructuary mortgage agreement produced by him or in the alternative, request the Court to send the said document to the competent authority under the Indian Stamp Act, 1899 (for brevity, ‘the Act of 1899’) for impounding. Perusal of the order under revision reflects that the Court below, taking note of the fact that the petitioner/plaintiff wished to rely on the said document for the collateral purpose of showing that possession was transferred free of rents in lieu of interest for the amount advanced, held that it could not be received in evidence unless it was duly stamped in accordance with the Act of 1899. As the document was insufficiently stamped, the Court below rightly adopted the course of giving an option to the petitioner/plaintiff to either pay the stamp duty and penalty as assessed by the Court or to resort to adjudication by the concerned Collector under the provisions of the Act of 1899. This Court finds no error in the order warranting interference by this Court under Article 227 of the Constitution. The Civil Revision Petition is devoid of merit and is accordingly dismissed. No order as to costs. ____________________ SANJAY KUMAR, J. 10TH JUNE, 2011. VGSR/PGS