KAPPIL SHOUKATH ALI Vs. PERINTHALMANNA CO OPERATIVE BANK

JUDGEMENT

(1.) The petitioner availed of a loan from the Perinthalmanna Co-operative Agricultural and Rural Development Bank. As security for repayment of the same, the petitioner mortgaged certain properties belonging to the petitioner. Since the petitioner committed default in repayment, that property was brought to sale. The property was sold. Sale certificate was issued. Thereafter, the petitioner moved the authorities under the Kerala Co-operative Societies Act for return of the property to the petitioner. The petitioner paid the entire amount and discharged the liability. The sale was set aside by the competent authority. In the meanwhile, the sale certificate had already been submitted before the Sub Registrar for registration under the Indian Registration Act. The Registrar passed Ext. P5 order holding that deficient stamp duty has to be paid on the document. It is under the above circumstances the petitioner has approached this Court seeking the following reliefs:

(2.) I have heard the learned Government Pleader also. The learned Government Pleader would contend that there is no provision in the Stamp Act or the Registration Act for return of a document submitted for registration, which has been impounded without payment of the deficient stamp duty demanded.

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