Duraisamy v. Velusami
Case brief
What is this about?
High Court in revision held that a lease deed for less than one year is exempt from stamp duty and registration. The impugned order rejecting its admission as evidence was set aside. Trial Court directed to admit the deed.
What did the court decide?
The impugned order dismissing the petition to receive the lease deed as evidence on the petitioners side was set aside. The trial Court is directed to receive the lease deed and mark the same as Ex.B.
What the court decided
CRP.PD.No.2601 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.PD.No.2601 of 2017
and
CMP.No.12410 of 2017
1. Duraisamy
2. Selvam
3. Mariappan
4. Periyasamy ... Petitioners
Vs.
1. Velusami
2. Sarasal
3. Thulasimani ... Respondents
PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the order dated 01.03.2017 passed in I.A.No.1187 of 2016 in O.S.No.74 of 2015 on the file of the District Munsif, Sathyamangalam and allow the above Civil Revision Petition.
For Petitioners : Mr.A.K.Kumarasamy Senior Counsel for : Mr.S.Kaithamalai Kumaran For Respondents : No Appearance
1/4
CRP.PD.No.2601 of 2017
Issues for consideration
2 issues framed by the court
Whether a lease deed executed for a period less than one year requires registration and payment of stamp duty under the Tamil Nadu Cultivating Tenants Protection Act, 1955?
Whether the lower court's order refusing to admit such a lease deed as evidence was perverse and illegal?
Parties & counsel
- petitioner
Duraisamy
- respondent
Velusami
Coram
G.K.ILANTHIRAIYAN
Case details
As recorded by the court registry
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