KALURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed on behalf of Sarvashri Kaluram, Nemchand, Nemi Chand and Nihalchand r/o Beawar against an order of the Collector, Ajmer, dated 28. 9. 1961 under which be ordered that the document produced for registration before the Sub-Registrar, Ajmer and referred to by the latter may be released after charging a surcharge duty of Rs. 210/- from the executants.

(2.) THE facts giving rise to this case are that a document purported to be a partition deed between the applicants who are members of the same family executed by Shri Kaluram and others, was presented for registration on 28. 3. 61. This document did not bear the surcharge duty leviable on non-judicial stamps as per Rajasthan Govt. Notification No. F. 13 (18) 4/18/14/61, dated the 9th March, 1961 and published in the Rajasthan State Gazette dated the 9th March, 1961 (Part III ). Under this Notification stamp duty was increased by a surcharge duty @ 30 np. per rupee. This document was presented before the Sub-Registrar, Beawar on the 28th March, 1961, when he refused to register the same on the ground of deficient stamp. Accordingly the document was impounded and referred to the Collector, Ajmer i. e. the District Registrar.