The short but interesting question that arises for consideration in this Original Petition under Article 226 of the Constitution relates to the stamp duty payable on a registered document executed by the co-owners of an immovable property. While the co-owners/executants insisted that the document in question was a deed of partition, the registering authority took the view that it was a release deed and as such stamp duty was payable under Article 48(b) of the Kerala Stamp Act 1959 (for short 'the Act').

2. The petitioners were co-owners of an immovable property having an extent of 1 acre 11 cents in Nellikkode Village of Kozhikode District. The petitioners decided to effect partition of the co-ownership property. Petitioner No.2 wanted his share to be separated. But he agreed that in lieu of his share being allotted to him in specie, he may be given the money equivalent of his share in the property. His share value was fixed at Rs.15 lakhs. Accordingly, a deed of partition was executed and registered on the 1st day of February, 1998, a true photo copy of which is on record as Ext.P4. A sum of Rs.5,000/- was paid towards stamp duty on the document.

3. A reference was made