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A.M. Sunilkumar S/O A.M.Lokanath vs Manjunath S/O Mallikarjuna Hebbali on 30 January, 2020 cites

S. Vijayalakshmi vs Boyapali Santhamma And Anr. on 9 August, 2002

Plaintiff pleaded in the plaint that Defendants handed over possession for survey and demarcation. Therefore, it can be construed that possession is not absolute and it is only for limited purpose. The possession mentioned in Explanation-1 must be effective, actual and the one recognized in law. Unless the party under the agreement has the benefit of possession of the property, 6 without any dispute, or challenge, from a party to the agreement, he cannot be mulcted with the liability to pay the stamp duty, as though it is a sale deed, vide decision of this court in cheryala srinivas v. Moola sujatha (2nd supra). The issue involved in this revision is squarely covered by the judgment of this court in S.Vijayalakshmi v. Boyapali Shanthamma (4 supra), wherein it has been held that mere placing of land in the hands of purchaser under the agreement for dividing it into plots and to lay roads does not constitute handing over possession of the land and therefore, it does not require stamp duty as sale deed.
Andhra HC (Pre-Telangana) Cites 1 - Cited by 1 - Full Document

[In The Supreme Court Of India ... vs Kadar Unnisa Begum And Others on 12 October, 1950

In support of his submission, reliance has been placed on the decisions of this Court in Cheryala Srinivas 5 V. Moola Sujatha: 2010 (1) ALT 448, Sri Lakshmi Housing enterprises, Hyderabad v. Haji Begum 2010 (5) ald 819; AND Vijayalakshmi v. Boyapali Shantamma 2002 (5) ALT 406. In Sri Lakshmi Housing Enterprises case (3rd supra), a learned Single Judge of this court held tht when the agreement of sale does not contain recital to the effect that possession was delivered, it is not liable to be stamped as sale deed.
Supreme Court of India Cites 8 - Cited by 1 - M C Mahajan - Full Document

Sri Tirumala Housing (P) Ltd. vs Gpr Housing (P) Ltd. on 18 August, 2006

Learned counsel for the Respondents places reliance upon the judgment of this court in sri Tirumala Housing (P) Ltd. V. GPR Housing (P) Ltd. : 2006 (5) ALD 359: 2006 (5) alt 532. In that case, permission accorded to the purchaser to get the lay out approved to advertise the sale of plots and to book the sales to prospective purchases by receiving consideration etc. was treated as symbolic possession to attract Article 47-A. The recitals in the instant case are at variance.
Andhra HC (Pre-Telangana) Cites 9 - Cited by 4 - Full Document
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