9911796707
TMI Blog1990 (12) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... 986 by the respondent Pramod Kumar Gupta for a sum of ₹ 17,00,000. The sale was confirmed on November 6, 1986, and the High Court directed the issuing of the Sale Certificate under Order XXI, Rule 94, C.P.C. On the question of payment of stamp duty, the respondent contended that no duty was chargeable Under Section 147 of the 1957 Act. The learned single Judge of the High Court agreed with him and directed payment of only the stamp duty without surcharge for issuance of the Sale Certificate. The judgment was confirmed on appeal by a Division Bench. The petitioner-appellant Municipal Corporation of Delhi has challenged the High Court's decision in the present appeal. 3. Under the Provisions of Section 147 of the Act, duty is levie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uot; in Section 147 of the Act has the same connotation as the word has under the Indian Stamp Act, the reference to which has been expressly made. Clause 14 of Section 2 of the Stamp Act gives an inclusive definition of the expression as referring to any document by which any right or liability is purported to be created, transferred, limited, extended, extinguished or recorded. Clause 10 of the said section states that "conveyance" includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos. The expression 'instrument of sale of immovable property' Under Section 147 of the Act must, therefore, mean a document effecting transfer. The title to the property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchaser.-Where a sale of immovable property has become absolute, the Court shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute. It is manifest that the title passes under the auction sale by force of law and the transfer becomes final when an order Under Rule 92 confirming it is made. By the Certificate issued Under Rule 94, the Court is formally declaring the effect of the same and is not extinguishing or creating title. The object of issuance or such a Certificate is to avoid any controversy with respect to the identity of the property sold, and of the purchaser thereof as al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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