L. Narayana Swamy, J.

This Civil Revision Petition is filed by the petitioner, who was the obstructer in Ex. P No.1076/2016, being aggrieved of the order dated 26.9.2016 in the said execution petition, directing the petitioner to pay a sum of Rs.1,62,800/- towards deficit duty and penalty in respect of the lease agreement dated 5.3.2012, on which basis, the petitioner claims to be in possession of the petition property.

2. The brief facts of the case are that the respondent and another filed suit for ejectment against one Sri. Shabarish and the suit came to be decreed by the judgment and decree dated 10.3.2016. The said judgment and decree was put in execution, in which the petitioner filed obstruction application. The said obstruction application was put into enquiry. The petitioner was examined as PW-1 and he wanted to rely upon a lease agreement. The respondent raised an objection for marking the said document on the ground of insufficiency of stamp duty and its non registration. Under the said lease agreement, a sum of Rs.15,00,000/- was stated to have been paid as a refundable security deposit. The court below determined the duty under Article 30(iii) of the Karnataka Stamp Act, hereinafter referred to as ' the Act- for short, at Rs.14,800/- and penalty at Rs.1,48,000/- in total Rs.1,62,800/-. Being aggrieved, the petitioner has filed the present writ petition.

3. I have heard the learned counsel for the parties and perused the petition papers.

4. It is the contention of the learned counsel for the petitioner that the security deposit was repayable at the time of vacating the premises and therefore no duty is attracted on the same under Article 30(c) of the Act. It is further contended that the document is only a security bond and chargeable with stamp duty as contemplated under Article 47 of the Act and duty already paid on the document is sufficient.

5. On the other hand, the learned counsel for the respondent supports the order of the court below. It is contended that earlier security deposit which was repayable did not attract the stamp duty but after the amendment to the Act, such a security deposit do attract stamp duty and therefore the duty and penalty determined by the court below are in accordance with law, calling for no interference. It is already concluded by the court below that the document in question cannot be interpreted as security bond also. Hence the learned counsel for the respondent prays for rejection of the civil revision petition.

6. On hearing the learned counsel for the parties, the point that arises for consideration is, whether the impugned order suffers from any irregularity calling for interference by this Court? My answer would be in the negative for the following reasons:

7. It is true that earlier on the refundable security deposit, no duty was attracted. But after the amendment to the Act such a security deposit attracts duty. It is in this context, better to extract Article 30(iii) of the Act, which is as under:

(iii) where the lease purports to be for a term exceeding one year and not exceeding ten years.

One rupee for every one hundred rupees or part thereof on the total amount or value of the average annual rent, premium fine and money advanced.

An explanation to Article 30 makes it clear that security deposit attracts duty, which is as follows:

Explanation: The term "money advanced" in this Article means and includes the security deposit whether refundable or adjustable towards the rent."

Therefore, the first contention of the petitioner is liable to be rejected and it is accordingly rejected.

8. Secondly it is contended by the learned counsel for the petitioner that the document is a security bond and whatever duty paid is sufficient vide Article 47 of the Act. In order to construe the document as a Security Bond or Mortgage, the document must be executed