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Board of Revenue, Chepauk, Madras Vs. K. Venkataswami Naidu - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai High Court
Decided On
Case NumberCase Referred No. 102 of 1953
Judge
Reported inAIR1955Mad620; 1955CriLJ1369
ActsStamp Act, 1899 - Schedule - Article 30
AppellantBoard of Revenue, Chepauk, Madras
RespondentK. Venkataswami Naidu
Appellant AdvocateGovernment Pleader
Respondent AdvocateG. Ramanujam and ;V. Ramaswami, Advs.
Excerpt:
- .....whether on the facts and in the circumstances of the case, the lease of properties relating to a touring cinema, though collapsible and capable of being removed, but permanently fastened to the earth when in use is chargeable to stamp duty under article 30(a)(1) of schedule-i-a of the stamp act, ii of 1899.2. the answer to the question depends upon whether the equipment of the touring cinema would fall within the category of immoveable 'property. we have no hesitation in holding that it does not. in the question referred to us, the properties aredescribed as collapsible and capable of being removed. in the very nature of things, properties of that nature cannot be immoveable property. the expression 'permanently fastened' occurring in the question is a little misleading.actually some.....
Judgment:

Rajamannar, C.J.

1. The question referred to us by the Board of Revenue for our opinion is whether on the facts and in the circumstances of the case, the lease of properties relating to a touring cinema, though collapsible and capable of being removed, but permanently fastened to the earth when in use is chargeable to Stamp duty under Article 30(a)(1) of Schedule-I-A of the Stamp Act, II of 1899.

2. The answer to the question depends upon whether the equipment of the touring cinema would fall within the category of immoveable 'property. We have no hesitation in holding that it does not. In the question referred to us, the properties aredescribed as collapsible and capable of being removed. In the very nature of things, properties of that nature cannot be immoveable property. The expression 'permanently fastened' occurring in the question is a little misleading.

Actually some of the machinery or the poles of the tent may be imbedded in the earth, but they are imbedded only temporarily and not permanently, If they were permanently fixed, the equipment would not form part of a touring cinema.

3. We have .been taken through the material provisions of the lease deed and there is nothing therein, which lends support to the view that the case_ covered any immoveable property. In our opinion, the lease in question is not chargeable to stamp duty under Article 30 (a) (i) of Schedule 1-A of the Stamp Act.


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