(The Offg. Chief Justice):
1. This reference was made by the Chief Controlling Revenue Authority, Board of Revenue, Madras, under S. 57 of the Indian Stamp Act. In this case, the respondent sent moneys to his brother Sambasiva Vellalar, while he was residing in Singapore, to purchase tended properties in the village of Pattaveli. The said Sambasiva Vellalar, with the moneys sent by his brother, purchased certain properties in his own name and subsequent to the return of Mariappa Vellalar, Mariappa Vellalar took possession of all the properties. In the document executed by Sambasiva Vellalar, which is styled as ‘Benami release deed’, it is that the properties were purchased with the moneys of his brother and for his benefit and that he had no title to it. When the document was presented for registration, the Sub Registrar impounded it and referred the case to the District Registrar. The District Registrar was of the opinion that since the respondent's brother had sold some portion of the properties and encumbered some of the properties for obtaining Government loans as if the lands were his own, the document in question should be considered only at a conveyance chargeable under Art. 23 of Sch. I to the Indian Stamp Act. Therefore, he assessed the document to a Stamp duty of Rs. 3,335 on the market value of Rs. 73,000 with a penalty of Rs. 200. The respondent filed an appeal before the Board of Revenue which dismissed it. On a representation made by the respondent to make a reference to this court under S. 57(1) for adjudication at the subject involves a question of law, this reference has been made to this court which is as follows:
“Whether the document styled at ‘Benami Release Deed’ executed by the brother of the respondent, Thiru Sambasiva Vellalar in favour of the respondent by the document No. P. 8/70 dated 28th November 1969 in Sub Registrar office, Muthupet, Thanjavur Dt., is chargeable as a deed of release under Art. 55 of Sch. I to Stamp Act, or it is a ‘conveyance’ of property chargeable under Art. 23 of Sch. I of Indian Stamp Act or any other Article of the Act.”
On a reading of the document, there could be no doubt that it is only a release deed. The recitals are very specific that the properties were purchased with the moneys sent by Mariappa Vellalar from Singapore out of his earnings in Singapore and that title was always with Mariappa Vellalar. It also further stated that as soon as Mariappa Vellalar came to India, possession was delivered to him. In the document there is no kind of title or right claimed by Sambasiva Vellalar. It is clear that the real title always stood with Mariappa Vellalar. In such circumstances, the document can only be a release deed executed by Sambasiva Vellalar renouncing all his claims, if he had any and putting the title of Mariappa Vellalar, beyond any cloud. In the circumstances, we answer the reference that the document is only a release deed.
V.C.S