Salim V.C. vs State Of Kerala on 17 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33739 of 2008(N)


1. SALIM V.C., 45 YEARS
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PRINCIPAL
                       ...       Respondent

2. SUB REGISTRAR , SUB REGISTRAR OFFICE,

                For Petitioner  :SRI.GRASHIOUS KURIAKOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :17/11/2008

 O R D E R
                       V.GIRI, J
                     -------------------
                 W.P.(C).33739/2008
                    --------------------
     Dated this the 17th day of November, 2008

                     JUDGMENT

The issue raised by the petitioner is covered by

Ext.P4 judgment passed by a learned Judge of this

Court. Paragraph 5 of the same reads as follows and

the judgment has become final.

There is no dispute before me

that the consideration excluding the

amount or the value of the

consideration for undivided interest in

respect of all the sale deeds does not

exceed Rs.5 Lakhs. That being so, a

mere reading of the notification is

more than sufficient to prove that the

exemption is not confined to the value

of the apartment alone. The exemption

is applicable to the whole conveyance,

if the consideration for such

conveyance excluding the amount or

the value of consideration of the

undivided interest in the amount does

not exceed Rs.5 Lakhs. Therefore,

W.P.(C).33739/2008
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once it is admitted that the consideration

for the conveyance excluding the amount

or the value of the consideration for the

undivided interest does not exceed Rs.5

Lakhs, the remission of stamp duty

applies to the whole conveyance.

Therefore, the petitioners in this writ

petition are entitled to succeed in tis writ

petition. Accordingly, the writ petition is

allowed and the 2nd respondent is

directed to register the sale deeds

presented for registration in accordance

with law without stamp duty, provided all

other statutory conditions are satisfied.

For the purpose of registration, the

petitioners shall resubmit the sale deeds.

2. In the result, it is declared that the directions

contained in Ext.P4 judgment are applicable to the

petitioner also. Accordingly, the second respondent is

directed to register Ext.P5 sale deed presented by the

petitioner for registration, in accordance with law,

without stamp duty provided all other statutory

conditions are satisfied. Petitioner shall resubmit the

W.P.(C).33739/2008
3

sale deed for the purpose of registration.

Writ petition is disposed of as above.

V.GIRI,
Judge

mrcs