Varghese Kalliath, J.

This case comes up before us on a reference made by Krishnamoorthy, J. The reference has occasioned since the learned judge felt that the view expressed in Gopalan v. Chellappan (1988 (2) K.L.T.433) conflicts with the view taken in the decision in Kochunarayanan v. Aravindakshan and another (1974 KLT 301). Obviously for an authoritative pronouncement on the question and to avoid the conflict, our noble and learned brother, Krishnamoorthy, J. thought an excathedra decision by a Division Bench of this court on the question is necessary.

2. The question raised is under the Kerala Stamp Act (Act 17 of 1959), hereinafter referred to as the Act. The short facts are these:

3. In execution of a decree, the judgment debtor produced . He produced it with a petition to receive the same. The decree holder contended that the document cannot be received as it is not properly stamped. The decree directed the judgment-debtor to put the decree holder in possession of the suit property. The appellate court granted time till 1-12-1988 for the judgment debtor to vacate the premises. The execution petition was filed for delivery of the possession of the suit property. The