The intention of the parties and the purpose of the transaction, and not the nomenclature or description, should be taken into consideration for determining the nature of the document.

( 1 ) THE question referred to us by the Commissioner of Survey Settlements and Land Records, Andhra Pradesh, under S. 57, Stamp Act, is whether the document styled as release deed by the petitioners is a sale deed for consideration or whether it is a release deed.

( 2 ) SIX petitioners, viz. , (1) Kothuri Venkata Subba Rao, (2) Kothuri Sambasiva Rao, (3) Kothuri Srinivasa Rao alias Venkateswarulu, (4) Kothuri Bhaskara Rao, (5) Kothuri Vijaya Bhaskara Rao and (6) Ramesh Babu being minor represented by guardian and mother Kothuri Vijaya Laxmi and four others, viz. , (1) Kothuri Ramulu, (2) Penugonda Lakshmi Bapamma, (3) Murikipudi Venkataranganadham and (4) Kothuri Laxmaiah purchased jointly two plots of lands under two registered sale deeds dt. 7-11-1968 for Rs. 70,000/- and dt. 29-8-1973 for Rs. 20,000/- for constructing a Cinema Theatre. They were in enjoyment of the properties jointly as co-owners and no partnership was entered into. Later the four persons did not want to continue in business, executed four separate relinquishment deeds dt. 31-5-1976 in favour of the remaining members, who wanted to continue in business after receiving a consideration of Rs. 12,000/-each. These documents were tendered before the District Registrar. The District Registrar relying upon the observations of the Referred Case No. 83 of 1970 dt. 18-1-1974 of this Court took the view that inasmuch as the property was jointly owned by ten individuals as co-owners and the executants have transferred their 1/10th share in favour of the six owners only i. e. , the six petitioners, the documents should, therefore, be treated as conveyance deeds on sale for a consideration of Rs. 12. 000/-The District Registrar impounded the documents accordingly and issued orders in his proceedings No. G. 1/i. No. 3/77 dt. 18-8-1977, G1/i. No. 1/77 dt. 18-8-1977, G1. /i. No. 2/77 dt. 18-8-1977 and G. 1/i. No. 4/77 dt. 18-8-1977 for payment of deficit stamp duty of Rs. 3896/- each together with a penalty of Rs. 100/each.

( 3 ) AGGRIEVED with the orders of the District Registrar, the four executants, who will hereinafter be referred to as the petitioners, approached the Commissioner of Survey Settlements and Land Records, Andhra Pradesh under S. 56, Stamp Act, questioning the correctness of the order of the District Registrar.

( 4 ) IT was contended before the Commissioner that the view of the District Registrar that the documents in question are deeds of conveyance on sale is not at all correct and on the other hand, the documents in question are only deeds of release.

( 5 ) THE Commissioner did not accept this contention and held that each deed is a deed of conveyance for consideration of Rs. 12,000/- and it is not a deed of release. As the Commissioner felt that an important question of law is involved, he made this reference.

( 6 ) THUS, the reference came before us. We have to examine whether the documents in question are deeds of release or deeds of conveyance for sale.

( 7 ) THE word "conveyance" is defined under S. 2 (10) Stamp Act, which reads as follows:"conveyance" includes a conveyance on sale and every instrument by which property, whether moveable or immoveable is transferred inter vivos and which is not otherwise specifically provided for by Schedule 1 (or by Sch. 1-A) as the case may be. "

( 8 ) THE word "release" is not defined but Art. 46 of Sch. 1-A reads as follows :"46. Release: that is to say, (A) any instrument (not being such a release as is provided for by S. 23-A) whereby person renounces a claim upon another person or against any specified property. "

( 9 ) THE definition of conveyance is very comprehensive so as to include not only a sale deed but also any instrument under which the property is transferred inter vivos. According to this definition, all transfers of property movable or immovable on sale or otherwise but not otherwise specifically provided for by the schedule are chargeable as conveyance. The transfers otherwise provi