JUPUDI KESAVA RAO vs PULAVARTHI VENKATA SUBBARAO AND OTHERS.

The Supreme Court held that the reception of secondary evidence of a written agreement to grant a lease, which is insufficiently stamped, is barred under Sections 35 and 36 of the Stamp Act. The Court clarified that Section 35 excludes any instrument chargeable with duty unless duly stamped, and secondary evidence cannot be admitted if the original document is not properly stamped. The Court emphasized that the terms 'an instrument' in Section 36 must align with those in Section 35, thereby reinforcing the requirement for original documents to be presented in evidence.