RAJIV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of the present writ petition, the orders passed by the stamp authorities dated 6.2003 and 31.1.2005 are under challenge. The record transpires that a deed dated 1.11.2000 was executed in favour of the petitioners by one Sri Ashok Kumar Agarwal namely respondent no. 8 with the assertion that he had transferred lease hold right in Plot no. 780 situated in Mauja Datauji Mausuma, Sarojini Naidu Marg, District Firozabad to the petitioners. The petitioners submit that the said deed is an assignment of lease hold rights and absolute ownership rights had not been transferred and as such the same cannot be said to be a 'Conveyance' within the meaning of Art. 23 of Schedule 1-B of the Indian Stamp Act.

(3.) The said sale deed was impounded by the Sub-Registrar and the deficit stamp duty and penalty was imposed by the order dated 6.2.2003 with the assertion that the document had wrongly been termed as assignment deed with a view to evade the stamp duty. This order was challenged in revision which was also dismissed.