ALFRED HENRY LIONEL LEACH
The Collector of Madras – Appellant
Versus
A. R. J. Runacres – Respondent
Alfred Henry Lionel Leach, C.J.
1. This is an application by the Collector of Madras for a declaration under Section 61 of the Stamp Act with regard to the proper duty to be collected on certain documents filed as exhibits in a case which is being tried by the City Civil Court. The document consists of three letters which when read together constitute a lease of a house in Halls Road; Egmore. The tenant agreed to pay a monthly rent of Rs. 250 in advance and to deposit with the landlord a months rent. No definite term is mentioned in these letters but the tenancy is determinable on three months notice. When produced in Court the documents were unstamped and therefore were impounded. The Court held that they were stampable under Article 4-C of Schedule I-A of the Act, that is, as an agreement" not otherwise provided for." The Collector contends that the documents should be stamped under Article 30(a)(viii) or Article 30(c). Article 30(a)(viii) provides that where a lease does not purport to be for any definite term the duty chargeable shall be the same as for a conveyance for a consideration equal to three times the amount or value of the average annual rent which would be pai
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