JUDGMENT :

M. Govindaraj, J.

1. Challenging the order of the first respondent/Inspector General of Registration, in fixing the stamp duty for assignment of mortgage as per Article 23 of Schedule-I to Indian Stamp Act, 1899, dated 25.04.2008, the appellant has preferred the above appeal.

2. According to the appellant, one ASA John Diviyanathan borrowed a sum of Rs. 35,00,000/- from the Egmore Benefit Society Limited and executed a Mortgage Deed registered as Document No. 1005/1995 at the Office of the Sub Registrar, Sooramangalam, Salem. The creditor insisted for repayment of principal and interest to the tune of Rs. 1,37,70,033.15. It appears that the borrower had entered into an Understanding with the appellant and requested him to get the Mortgage assigned in his favour and also an agreement to sell the property to the appellant. Accordingly, the appellant got the Mortgage assigned in his favour by a Deed of Assignment of Mortgage dated 26.06.2003. When the said instrument was presented for registration, the second respondent demanded deficit stamp duty at Rs. 7,99,900/- and penalty of Rs. 50,000/-. He had referred the matter to the Deputy Inspector General of Registration for clari