1. The petition though is posted for consideration of I.A.No.8071/2016 an application for vacating the stay; however taking into consideration the nature of issue involved, with the consent of learned counsel for the parties, the petition is finally heard.

2. The issue is as to whether the borrower and surety of a term loan advanced by a Commercial Bank for the poultry unit having mortgaged its immovable property towards security is exempted from paying stamp duty.

3. Facts not in dispute, briefly are that, the petitioner No.1 availed term loan facility of Rs.80.53 lacs from respondent No.4 Bank to establish a poultry unit.

4. By way of security the petitioner No.1 mortgage his land bearing Survey No.259/8 area 0.173 hectares, Survey No.259/11 area 0.459 hectares, Survey No.259/12 area 0.459 hectares Survey No.259/16 area 0.210 hectares, Survey No.501/1 area 0.101 hectare, Survey No.501/6 area 0.101 hectare, and Survey No.535/3 are 0.729 hectare: total area 2.846 hectare at village Thoonakala Patwari Halka No.46 Tahsil and District Sehore.

5. Petitioner No.2 who stood surety to said loan transaction also mortgaged her property bearing Survey Nos.501/8, 488/2, 504/1, 504/2 and