The court affirmed that court decrees on rights in immovable property are to be registered without the need for stamp duty under Section 89(5) of the Registration Act.

J U D G M E N T

The petitioners say that they are the beneficiaries of an order dated 28.08.2020 in A.O.P.No.24/2020 from the Court of the Additional District Judge, Thrissur, but that when they approached the 1st respondent – Sub Registrar for entering the said decree in Book No.1, it was refused saying that they must remit the ad valorem stamp duty on the value of the property covered by the said order, before it can be done.

2. The petitioners contend that as per Section 89 (5) of the Registration Act (hereinafter referred to as 'the Act' for short), every decree of a Court which declares right, title or interest in an immovable property will be sent to the Registering Officer, who shall thereafter, enter it in Book No.1. They say that, therefore, the stand of the 1st respondent as afore, is illegal and unlawful.

3. Sri.Anil D. Nair, learned counsel appearing for the petitioners, added to the afore submissions saying that when one examines Section 89 (5) of the Act, it does not provide for stamping of the judgment or decree nor for the registration of the same but mandates that the Sub Registrar shall enter its details in Book No.1, pursuant to which, the procedure becomes complete. He thus reiteratingly pleaded that the prayers in this writ petition be allowed.

4. In response, the learned Senior Government Pleader –

Sri.Ashwin Sethumadhavan, submitted that since the order of the District Court declares right and title of the petitioner over an immovable property, it can be entered into in Book No.1 by the Sub Registrar only on them remitting the ad valorem stamp duty. He therefore, prayed that this writ petition be dismissed.

5. When I assess the afore rival submissions, it is indubitable that this Court cannot find favour with that of the learned Senior Government Pleader because, as rightly stated by Sri.Anil D. Nair, Section 89 (5) of the Act creates an obligation on the part of the Sub Registrar to enter a decree of a Court, declaring right, title or interest over an immovable property, in Book No.1, without the requirement of a registration, as is done in the case of other documents.

6. Obviously, therefore, there is no question of stamping the said decree or the petitioner remitting ad valorem stamp duty thereon, because the afore provision enjoins the Sub Registrar to act automatically on the basis of Court decrees.

7. Resultantly, I direct the respondent No.1 to enter the order of the District Court in A.O.P.No.24/2020 in Book No.1, following the procedure under Section 89 (5) of the Act, within a period of one week from the date on which it is presented before him by the petitioners.

8. Needless to say, the afore shall be done de hors Ext.P9 and without insisting on payment of stamp duty by the petitioners.

This writ petition is thus ordered.

SD/-

DEVAN RAMACHANDRAN JUDGE rp APPENDIX OF WP(C) 6628/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER DATED 25.08.2020 IN A.O.P.24/2020 OF THE IVTH ADDITIONAL D.C., THRISSUR.

EXHIBIT P2 TRUE COPY OF RETIREMENT DEED DATED 21.03.2020.

EXHIBIT P3 TRUE COPY OF LETTER DATED 25.09.2020 ISSUED BY 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RTI APPLICATION SUBMITTED BY 3RD PETITIONER.

EXHIBIT P5 TRUE COPY OF THE RTI REPLY DATED 30.11.2020 ISSUED P10.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 09.12.2020 ISSUED BY IVTH ADDL.DISTRICT COURT, THRISSUR.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 27.01.2021 ISSUED BY

2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 25.02.2021 ISSUED BY

2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 02.03.2020 ISSUED BY

1ST RESPONDENT.