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NEUTRAL CITATION NO. 2026:MPHC-GWL:4380

1 WP-2821-2012

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE AMIT SETH

WRIT PETITION No. 2821 of 2012

SHEHJADI BEGUM AND OTHERS

Versus

RAMESHWAR DAYAL

Appearance:

Shri Anand V.Bhardwaj - Advocate for the petitioners.

Shri Ruchil Jain - Advocate for respondent.

Reserved on : 19/01/2026

Delivered on : 03/02/2026

ORDER

With the consent of parties, the matter is heard finally.

The instant writ petition filed under Article 227 of the

Constitution of India takes exception to the order dated 15.02.2012

th

(Annexure-P/1) passed by the 11 Civil Judge, Class-I, Gwalior, in

Execution Case No.192A/2000 x 2004, whereby, on the objection

received from the office of Sub-Registrar, Gwalior, the request made by

the petitioner for getting the registered sale deed executed by treating the

document as a re-conveyance deed was rejected, and the petitioner was

called upon to deposit the stamp duty as assessed by the Sub-Registrar,

Stamps, for getting the registered sale deed executed.

2. Learned counsel appearing for the petitioner submits that in

Signature Not Verified

Signed by: ADNAN HUSAIN

ANSARI

Signing time: 2/4/2026

10:47:14 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4380

2 WP-2821-2012

respect of a loan taken by the father of the petitioners, namely Altaf

Hussain, from the respondent to the tune of Rs.3,000/-, a mortgage by

conditional sale deed in respect of land was executed. The father of the

petitioners thereafter approached the civil court seeking redemption of

the mortgage by conditional sale deed by way of filing a civil suit, which

was disposed of on the basis of compromise between the parties vide

judgment and decree dated 06.09.1999. Under the said compromise,

execution of a re-conveyance deed in respect of the land in question in

favor of the petitioners' father was directed. However, when the

respondent failed to execute the re-conveyance deed, the petitioners

moved an application seeking execution of the compromise judgment

and decree dated 06.09.1999, wherein the matter was referred by the

learned trial court for comments from the Sub-Registrar, who, vide

communication dated 19.01.2012, informed the court that the document

was required to be executed on payment of stamp duty at the market

value of the land in question, in terms of the prevailing guideline rates

for the year 2011-12.

3. Counsel for the petitioners further submits that the petitioners

objected to the said proposal sent by the Sub-Registrar on the ground

that the value of the land or the consideration in lieu whereof the

mortgage by conditional sale deed was executed was only a sum of

Rs.3,000/-, and the compromise judgment and decree, though mentions

execution of registered sale deed, but in sum and substance, the same

has to be construed to be a registered re-conveyance deed, which would

Signature Not Verified

Signed by: ADNAN HUSAIN

ANSARI

Signing time: 2/4/2026

10:47:14 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4380

3 WP-2821-2012

attract stamp duty in terms of Article 48 of the Indian Stamp Act. The

learned executing court has fallen in error in rejecting the request made

by the petitioner by treating the registration of the document to be a

registration of the sale deed instead of it being a registration of a re-

conveyance deed, vide order dated 15.02.2012, which is impugned in

the petition.

4. In support of his submissions, learned counsel for the

petitioners places reliance on the judgment of the High Court of Andhra

Pradesh in the case of Sub-Registrar, Hyderabad and another vs.

K.Veereswara Rao, 2004 Legal Eagle (AP HC) 1016, with particular

reference to paragraph Nos.24, 25 and 30 thereof.

5. On the other hand, learned counsel appearing for respondent

submits that the question of interpretation as to whether the document

sought to be executed is a conveyance deed or a sale deed does not

require consideration, inasmuch as the compromise judgment and decree

dated 06.09.1999 specifically provides that in the event the transfer of

the land in qu