( 1 ) THIS is a Revision by the plaintiff against the order dated 1-9-1979 passed by the Prl. Munsiff, Hubli, in O. S. 22 of 1976, calling upon the plaintiff to pay duty and penalty of Rs. 720-60 on the two documents.

( 2 ) THE defendant purported to mortgage the suit house for Rs. 500/-under a document dated 12-6-1975, which reads as :

. . (VERNACULAR MATTER OMMITED ). . By a second document, the defendant purports to execute a mortgage in favour of the plaintiff for Rs. 1000/-, which reads as. . . (VERNACULAR MATTER OMMITED ). . The plaintiff filed the suit for specific performance calling upon the defendant to execute the two mortgage deeds or in the alternative for refund of Rs. 1500/ -. An objection was raised that the said two deeds were mortgage deeds and hence the plaintiff should pay the duty and penalty on the footing, that both of them were mortgage deeds. The plaintiff, on the other hand, urged that the deeds were only agreements to execute mortgage deeds. He submitted that the penalty and duty should be collected on the footing that they were agreements to execute the mortgage deeds. The court-below upheld the objections raised by the defendant and held