A. Mohammed Ashik, v. the Sub Registrar
Case brief
What is this about?
The Madurai Bench held that the demand for deficit stamp duty was unlawful as the amount paid to the co-signatory mortgagee was part of the total sale consideration and not a separate transaction, resulting in non-application of mind. The petition was allowed.
What did the court decide?
The impugned order was set aside, and the respondent directed to release the document and delete the endorsement, including any relevant entry in the encumbrance certificate.