Judgment

Rajendra Babu, J.-The question raised for consideration in these appeals is identical as to the duty payable under the Bombay Stamp Act, 1958 on an agreement for sale of flats covered by the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as ‘the MOF Act’) and the Maharashtra Ownership Act, 1970.

2. A Writ Petition before the High Court of Bombay was filed by the appellants on the allegation that on October 8, 1987 they entered into an agreement for purchase of a flat with one M/s. Century Enterprises. The agreement for sale was executed in terms of Section 4 of the MOF Act. It was lodged for registration on November 3, 1987 as required under Section 4 of the MOF Act read with Section 17(1) of the Indian Registration Act, 1908. The consideration disclosed in the agreement was shown at Rs. 3,75,000/- for the purpose of purchase of the flat and a registration fee of Rs. 3,750/- was paid in addition to copying fee and postal charges. The Sub-Registrar of Bombay, by a letter sent to the appellants in February, 1988, informed them that the agreement had been impounded and being sent to the