VidhiSangh

Supreme Court of India · 19/12/2024

MUKESH versus THE STATE OF MADHYA PRADESH & ANR

[2024] 12 S.C.R. 1210 · 2024 INSC 1026

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Summary

The Supreme Court held that a Lok Adalat compromise decree in a suit for declaration and injunction, which concerned only the suit land and recognised the plaintiff's pre-existing right rather than creating a new one, was exempt from compulsory registration under Section 17(2)(vi) of the Registration Act, 1908 and, being a court decree that conveyed nothing, was not chargeable with stamp duty as a conveyance; the stamp duty demand was set aside and mutation directed.

Issues

  1. Whether a compromise decree passed in a Lok Adalat, declaring the plaintiff's possession and entitlement to mutation of the suit land, required compulsory registration under Section 17 of the Registration Act, 1908.
  2. Whether such a compromise decree was chargeable with stamp duty as a conveyance under the Indian Stamp Act, 1899 as applicable in Madhya Pradesh, for the purpose of mutation.
  3. Whether the compromise decree was shown to be collusive and a device to evade stamp duty.

Provisions considered

Held

Result

Appeal allowed; the High Court's order and the orders of the Collector of Stamps and the Board of Revenue set aside; the authority directed to mutate the revenue records for the subject land in the appellant's favour; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1210.