( 1 ) IN this reference under section 57 (2} at the Indian Stamp Act, we have to consider the true nature of the mortgage deed dated 24-6-1968 to opine whether :-

(1) it is a mortage deed by which "possesion of the property or any part of the property comprised m such deed is given by the mortgagor or agreed to be given" in the meaning of Article 40 (a) of Schedule I-A (Delhi) of the Stamp Act;

AND (2) the duty on transfer of property leviable under section 147 of the Delhi Municipal Corporation Act, 1957 in the form of a surcharge on stamp duty can, be recovered as deficiency along with penalty under section 40 of the Stamp Act.

( 2 ) QUESTION NO. 1 :-

IT is common ground that the deed in question is a "mortgage deed" within the meaning of section 2 (17) of the Stamp Act. The question is whether it is a mortgage with possession or a simple mortgage. The distinction between these two types of mortgage has to be gathered from the provisions of the Transfer of Property Act, 1882, section 58 (b), of which defines a simple mortgage and section 58 (d) of which defines a usufructuary mortgage. In a simple mortgage. the mortgagor does not deliver possession of the mortgag