RAMESH CHANDER CHHAPARIA Vs. COLLECTOR

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Sub Registrar dated 18.6.1984 requiring the petitioner to make up the deficiency in stamp duty amounting to Rs. 990/-. The petitioner had raised a loan from the Punjab Financial Corporation. For this purpose, mortgage deed dated 6.5.1982 (Annexure P-1) had been executed. Clause (1) of this deed had prescribed the period for repayment of loan. This clause also contained the following proviso :-

(2.) IT is not disputed that this deed had been duly registered and stamp duty paid. Thereafter the Industrial Development Bank of India refinanced the loan and reduced the period during which the repayment of loan had to be made. In view of the aforesaid proviso of clause (1), a supplementary agreement dated 18.11.1982 was executed to bring the period of repayment of loan in conformity with the period of repayment as prescribed by the Industrial Development Bank of India. The Sub Registrar was of the view that the second agreement also required registration under Section 17 of the Indian Registration Act, 1908 being a new mortgage deed. Accordingly vide his notice dated 18.6.1984, he required the petitioner to deposit an additional sum of Rs. 990/-.

(3.) COUNSEL for the respondents, on the other hand, refers to sub-para (a) of para 159 of the Punjab Registration Manual 1929 to contend that the agreement dated 18.11.1982 was a fresh mortgage deed being a supplementary document.