CLEETUS Vs. SUB REGISTRAR

JUDGEMENT

(1.) The 1st petitioner executed a settlement deed in favour of the 2nd petitioner by Ext.P1 registered document dated 6.2.2007. Subsequently, they presented Ext.P2 cancellation deed for registration cancelling Ext.P1 settlement deed. On the said document, the petitioners paid stamp duty as provided under Art.14 of the Schedule to the Kerala Stamp Act. But the 1st respondent insisted on the petitioners paying stamp duty as applicable to a conveyance deed as defined under S.2(d) of the Kerala Stamp Act on the ground that the cancellation of Ext.P1 would amount to re - conveyance of the property by the 2nd petitioner to the 1st petitioner. According to the petitioners, when Art.15 specifically provides for the stamp duty for a cancellation deed, the petitioners are liable to pay only that stamp duty and no other stamp duty. The petitioners seek the following reliefs;

(2.) A counter affidavit has been filed by the 2nd respondent, wherein the stand taken is that insofar as Ext.P2 document has the effect of the 2nd petitioner conveying the property obtained by her by Ext.P1 document back to the 1st petitioner, the same is essentially a conveyance as defined under S.2(d) and, therefore, the petitioners are liable to pay stamp duty as applicable to a conveyance provided for in Art.22 of the Schedule to the Stamp Act.

(3.) I have considered the rival contentions in detail.