J U D G M E N T

[JUDGMENT OF THE COURT WAS DELIVERED BY S.M.SUBRAMANIAM, J.]

The respondents in the writ petition, are the appellants before us.

2. The respondents herein presented mortgage by conditional sale for registration. The document was accepted by the Registering Officer and kept as pending document. Subsequently, the Registering Officer demanded stamp duty on the ground that the document presented for registration is mortgage by conditional sale. The recitals in the document also reveal that conditions are explicit. In the event of failure to return the document, the same will be converted as sale. Thus the Registering Authority demanded stamp duty as applicable. However, the respondents filed writ petition stating that they are ready to make necessary corrections in the document, namely, mortgage by conditional sale, as simple mortgage and the said document may be released.

3. The learned Single Judge permitted the respondents/writ petitioners to re-present the document without any conditional clause as simple mortgage deed. If any such document is presented by the writ petitioners/respondents, the appellants are directed to register the same.

4. Question of return of docume