CHARITABLE EDUCATION & WELFARE SOCIETY Vs. SUB

JUDGEMENT

(1.) The petitioner purchased an immovable property from the Catholic Syrian Bank, in a public auction. The sale was conducted by invoking the power under the SARFAESI Act. The petitioner, after purchasing the property from the Catholic Syrian Bank, presented the instrument for registration. The Sub Registrar finding that the petitioner had not paid the stamp duty in accordance with the fair value, directed the petitioner to pay proper stamp duty. The petitioner approached the District Collector. The District Collector noting that the petitioner has no locus standi, rejected the petitioner's appeal. Challenging that, the petitioner approached this Court.

(2.) Heard the learned Senior Counsel Sri. N.N. Sugunapalan, ably assisted by Sri. John Mathew Therezhath and the learned State Attorney.

(3.) The petitioner urged the following grounds of challenge. The first ground urged by the petitioner is that, the sale in public auction in this case will have to be treated as a sale as referred in Article 16 of the Schedule of Kerala Stamp Act, 1959 read with Article 18 of Schedule 1 of Indian Stamp Act, 1899 and therefore, stamp duty is payable in accordance with consideration.