SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2007 Supreme(Ker) 491

K.M.JOSEPH
K. Mohandas Nayak – Appellant
Versus
Kumbala Grama Panchayat – Respondent


Judgment :-

Petitioners are aggrieved by the insistence by the respondent Panchayat to execute an agreement on stamp paper by calculating the amount of stamp duly at five per cent of the total amount of rent for the period of three years. Case of the petitioners is that they are conducting business for several years and they have been called upon as part of renewal of the licences, to execute agreement on stamp paper at live percent for the entire period of the licence. According to them, they are licensees and. therefore, they contend that they need not execute agreement for the exorbitant amount demanded by the Panchayat. Instead, they would contend that the stamp paper need only he for Rs.50/-. Alternatively, it is their case that even if it is a lease, the demand made by the Panchayat is unsustainable, in view of Art.33 of the Schedule to the Kerala Stamp Act. Art.33 of the Schedule in so far as it is pertinent, is extracted below:

2. Learned counsel for the petitioners would point out that proceeding on the basis that It is a lease, as the lease is for a period of less than live years, the provision which is applicable is Cl.(2) already extracted. He would submit that the petit










Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top