VASUDEV PANDURANG MALAWADE Vs. BASAPPA HANUMANTHAPPA

JUDGEMENT

(1.) This is a Revision by the plaintiff against the order dated 1-9-1979 passed by the Prl. Munsiff, Hubli, in O.S. 22 of 1976, calling upon the plaintiff to pay duty and penalty of Rs. 720-60 on the two documents.

(2.) The defendant purported to mortgage the suit house for Rs. 500/-under a document dated 12-6-1975, which reads as :

(3.) Learned Counsel Shirgurkar for the plaintiff contended that the two deeds in question did not amount to a mortgage within the meaning of Section 2(n) of the Stamp Act and, therefore, the plaintiff was not liable to pay the duty and the penalty on the footing that they were mortgage debts. Section 2(n) of the Karnataka Stamp Act 34/57 reads as :