Inspector General of Registration & Others v. C. Marappan
2006-10-31
A.P.SHAH, K.CHANDRU
body2006
DigiLaw.ai
Judgment :- A.P. Shah, C.J. There is no dispute that the document, which was executed and presented for registration, was properly stamped. Accepting the stamp duty already paid, the competent Authority has registered the document and the document was also released. After the document was released, it was realised that there was some mistake in the description as to the Survey Number. Hence, a decree was obtained from the Sub-Court for rectification and on the basis of the decree, an application was made for rectification. The competent Authority, relying upon Section 47-B of the Indian Stamp Act, demanded a sum of Rs. 4236/- towards difference in stamp duty and penalty of Rs. 14/- as a precondition for rectification. Aggrieved by the same, the petitioner appealed to the Appellate Authority, which was also rejected and, therefore, the writ petition was filed, which was allowed by the learned single Judge. 2. Section 47-B of the Indian Stamp Act reads as follows: "Section 47-B. Stamp duty chargeable for instrument of rectification- Where an instrument purports to rectify any error in the description of property as set out in any previous instrument, falling within the purview of Section 47-A, then, the amount of duty chargeable in such instrument of rectification shall be the amount chargeable on it under Schedule I, less the amount of duty, if any, already paid in respect of such previous instrument." 3. On a plain reading of Section 47-B, it is clearly seen that the provisions of the Section will be attracted only in case of instruments falling within the purview of Section 47-A of the Act. In the present case, no proceedings were initiated under Section 47-A of the Act and thus the question of application of Section 47-B does not arise. In these circumstances, there is no warrant to interfere with the order of the learned single Judge and, hence, the writ appeal is dismissed. Writ appeal dismissed.