NAIB TEHSILDAR-CUM-JOINT REGISTRAR, CHAMKAUR SAHIB Vs. PARBHAKAR COLD STORAGE, BELA, TEHSIL AND DISTT. ROPAR

JUDGEMENT

(1.) STATE of Punjab and its officers have filed this Regular Second Appeal against the judgment and decree passed by both the Courts below, whereby the suit of the plaintiffs for permanent injunction restraining Naib Tehsildar-cum-Joint Registrar from recovering an amount of Rs. 1,22,000/- on account of stamp duty regarding registration of mortgage deed Nos. 1145 and 1146 has been decreed.

(2.) THE brief facts of the case are that in this case, plaintiff-respondent No. 1 obtained some loan from the bank. To secure that loan, plaintiff No. 1 executed a mortgage deed in favour of the bank. Respondent Nos. 2 to 6 stood as guarantors to the said loan. They also executed the mortgage deed Nos. 1145 and 1146 in favour of the bank as guarantors. However, no loan was taken by these respondents.

(3.) BOTH the Courts below have come to the conclusion on the basis of the admission made by DW-1 Balwinder Singh that the guarantor is not required to pay the stamp duty. In this regard, the trial Court has observed as under :-