VIPAN KUMAR VERMA SON OF SH. RAM SAROOP AND ANOTHER Vs. STATE OF PUNJAB THROUGH THE SECRETARY REVENUE AND REHABILITATION, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) THE writ petition challenges the order treating the document of memorandum of deposit of title deed as creating a mortgage and seeking for application of Article 40 of the Indian Stamp Act. The contention of the petitioners is that the document itself is not the bargain between the parties but merely records the fait accompli of already established facts of the deposit. The particular recitals which are in the document are: -

(2.) THIS only shows that the documents of title have been deposited and the memorandum is merely a record of such a fact. The document does not require, therefore, to be stamped in the manner required under Article 40 of Indian Stamp Act. This is governed by substantial case law on the subject and it does not require a review on the same except to state the law enunciated by the Hon'ble Supreme Court as early as in K.J. Nathan Vs. S.V. Maruty Reddy : AIR 1965 SC 430.