PADMANABHAN V MENON Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) A novel and interesting question involving interpretation of the provisions of the Provisional Collection of Revenue Act, 1985 (hereinafter referred to as 'the Act') comes up for consideration in this writ petition.

(2.) Petitioner, along with his mother, brothers and sister, jointly holding an extent of approximately 40 cents of land in RS No. 21/44/1040 part in Panniyankara Village of Panniyankara desom of Kozhikode Taluk, decided to partition the said property. The deed was executed in relation to the above, on 22/06/2006. The value of each share was fixed at Rs.5,65,800/-.

(3.) Stamp duty is leviable on a partition deed under Art.42(i) of the Kerala Stamp Act, 1959. Prior to 01/04/2006 (and as a matter of fact even now) the stamp duty payable for a partition deed is the same as Bottomry Bond as provided under Art.14 of the Stamp Act. Stamp duty leviable on a Bottomry Bond is Rs.5 per every 100. Thus, if the partition deed had been executed prior to 01/04/2006, stamp duty should have been levied for an amount of Rs.5,65,800/-. But the executants took note of the amendment to Art.42(i) of the Stamp Act introduced by the Finance Bill No. 355/2006, in the 11th Kerala State Legislative Assembly, deemed to have been introduced with effect from 01/04/2006. Clause 2 of the said Finance Bill No. 355/2006, proposed an amendment to Act 17 of 1959 in the Kerala Stamp Act in the following manner: