KUMARASEN Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THIS writ petition is filed for a direction against the order of the first respondent Inspector General of Registration, dated 06.01.98 by which the revision filed by the petitioner dated 27.05.96 has been rejected by holding that the documents produced for Registration should be treated as Settlement as per the Schedule 58A(1) of the Indian Stamps Act.

(2.) THE petitioner and his brothers have executed a General Power of Attorney in favour of one G.Ponnuswamy, who is the Managing Trustee of P.K.Govindasamy Educational and Charitable Trust. THE object of the trust was to advance, propagate and provide Nursery, Primary and Technical Education and so on. THE said trust proposed to start a Polytechnic in Patchal Village and the petitioner and his brothers as owners of the property has only proposed to permit the said P.K.Govindasamy Educational and Charitable Trust to occupy the other lands and it was in that regard, the General Power of Attorney deed dated 12.12.95 was executed.

(3.) MR.V.Lakshminarayanan, learned counsel appearing for the petitioner would submit that reference to the document dated 12.12.95, shows in clear terms that the idea of the document is to permit the agent to house the said technical institute in the property belonging to the Principals. The word authorising agent to take possession of the property does not mean that the intention of the Principals are to transfer the Property in favour of the agents. He has also submitted that the possession of Agent is not of his individual right but is for and on behalf of the principal. To substantiate his contention he would also rely upon the Judgments of the Hon'ble Supreme Court reported in AIR 1989 SC 1269 (Smt.Chandrakantaben J. Modi and Narendra Jayantilal Modi Vs. Vadilal Bapalal Modi and others) and AIR 1990 SC 673 (Southern Roadways Ltd., Madurai Vs. S.M.Krishnan).