DRAFT THE HON’BLE SRI JUSTICE B PRAKASH RAO C R P NO. 5918 OF 2007 ORDER: Heard both sides. The only question raised in the present revision is in regard to interpretation of sale agreement dated 15.2.2005. The Court below on an objection raised by the respondent herein did not thought it fit to mark the same on the ground that it squarely falls within the expression of sale of any other immovable property for development, whereas learned counsel for petitioner submits that Article 6 (B) of Schedule I-A of Indian Stamp Act, 1899, in fact takes only development agreements under simplicitor sales as such. On the other hand, learned counsel for respondent submits that by taking into account such portion of Article 6(B) which shows that sale of any other immovable property and therefore the agreements squarely falls within its limits. However, having heard the counsel on either side and on perusal of the agreement in question, it is seen that it is a simplicitor agreement in respect of an existing structure, whereas Article 6 (B) relates to construction of house or building and then sought to make it as inclusive definition and tries to take any development or sale of any other immovable property, therefore it is not exclusively meant for any sale but only meant for development. Prima facie, the objection appears to be not sustainable and necessarily it has to be gone into after completion of evidence. In the circumstances, the orders of the Court below upholding the objection is not correct and accordingly the same is hereby set aside and the revision is allowed. Both the parties are at liberty to raise their objections at the time of final disposal and the same has to be considered on their own merits and disposed of in accordance with law. No costs. _______________ B PRAKASH RAO,J DATE: 15.7.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO C R P NO. 5918 OF 2007 DATE: 15.7.2010