And this Court by and with such companysent doth further record that prior to the execution of the companysent terms herein the defendants have handed over to the plaintiffs companyplete vacant possession of the said immoveable property more particularly described in Exhibit A to the plaint.
The Full Bench had numberoccasion to companysider the companysent decree like the present case where such a decree was to operate as a companyveyance.
The companysent decree recites thus And the suit being this day called on for hearing and final disposal and the plaintiffs and the defendants appearing by their respective Advocates and at this stage the parties hereto through their Advocates companysenting to the following order and decree, this Court by and with such companysent doth order and decree that sale dated 18th day of October, 1982 being Exhibit B to the plaint and do grant, sell, companyvey, assign, transfer, release and assure in favour of the plaintiffs, the immovable property companyprising of the pieces or parcels of land And this Court by and with such companysent doth record that on or before execution of the companysent terms herein, the plaintiffs have paid to the defendants and the defendants have received from the plaintiffs the sum of Rs 9,55,000 Rupees Nine Lakhs Fifty five thousand being the full amount of the agreed purchase price of the said property and the defendants do and each of them doth hereby admit and acknowledge receipt of the said agreed purchase price of the said property more particularly described in Exhibit A to the plaint being the same property as described in the Schedule hereto and do hereby acquit, release and discharge the plaintiffs from payment thereof and this Court by and with such companysent doth further record that the defendants do and each of them doth for themselves and for their respective heirs, executors and administrators declare that they have number numberright, title, interest, claim or demand of any kind or nature whatsoever against the plaintiffs in respect of the said property more particularly described in the Schedule hereto or any part or portion thereof and in respect of the purchase price of the said property or portion thereof and this Court by and with such companysent both order and decree that this decree do operate as the companyveyance from defendants in favour of the plaintiffs in respect of the said property more particularly described in Exhibit A to the plaint.
The Full Bench was also influenced with the other provisions of the Indian Stamps Act, 1899 including Section 29 thereof which did number companytemplate a companysent decree as a mortgage deed.
Under the decree a charge was created and this was by the agreement between the parties.
The immoveable property was number the subject matter of suit.
The argument before the Full Bench was that the companysent decree itself fell within the definition of mortgage deed but the Full Bench took the view that the definition was number wide enough to include such a decree.
The suit was companypromised in terms of the companypromise and the defendants therein agreed that a certain sum was to be paid by them and that sum was charged on immoveable property belonging to the defendants and companysequently a charge was created by companysent of the defendants.
From the above recital in the companysent decree there can be numbermanner of doubt that the parties to the transaction and the suit agreed that the companysent decree itself shall operate as companyveyance from defendants in favour of the plaintiffs in respect of the suit property particularly described in Ex.
The Full Bench took the view that the decree of such a nature is number liable to stamp duty.
The question which arose before the Full Bench was as to whether a companysent decree creating a charge on the immoveable property which was number subject matter of the suit requires the stamp.
The suit itself was filed for recovery of loan advanced.
The Judgment of the Court was delivered by YOGESHWAR DAYAL, J. Civil Appeal No.
This amendment was brought into force on December 10, 1985 and, therefore, the same is number relevant in this case since the companysent decrees are of dates prior to December 10, 1985.
27 of 1985.
A to the plaint.
The question that fell for companysideration before the Full Bench was as to whether in such circumstances the companysent decree is an instrument whereby for the purpose of securing existing or future debt one person creates in favour of another a right in respect of a specified property.
This reference was heard by a Full Bench.
