JOHN PAUL, P. Vs. SOMAN

JUDGEMENT

(1.) Whether the document produced as Ext. P -1 is an agreement or a bond is the question which arises in this Writ Petition. Whether subscription of his signature to Ext. P -1 by the scribe will amount to attestation for the purpose of Sec. 2(a) of the Kerala Stamp Act is an incidental question.

(2.) Under Ext. P -2 order, the learned Munsiff construed Ext. P -1 as an agreement and found that the stamp duty paid on the same under Article 5(c) of the Schedule to the Kerala Stamp Act, 1959 is proper. The Defendant who is aggrieved has filed this Writ Petition under Article 227.

(3.) I have gone through Ext. P -1. Ext. P -1 is styled as an agreement and it is recorded therein that on the same day of its execution, the sum of Rs. 25,000 mentioned therein was received by the Petitioner from the Respondent. Ext. P -1 records an undertaking that the amount so received will be repaid within a stipulated period together with interest.