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TMI Blog2005 (12) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... an instrument whereunder the appellant-company claims certain leasehold from the Board but having done so, the High Court was not correct in holding that it is liable to pay the stamp duty. Thus as by a reason of the supplementary agreement, no fresh transaction has been entered into, the impugned judgment cannot be sustained, which is set aside accordingly. - CIVIL APPEAL NO. 7305 OF 2005 - - - Dated:- 8-12-2005 - S.B. SINHA AND P.K. BALASUBRAMANYAN, JJ. S.K. Kulkarni, G. Gireesh Kumar and Vijay Kumar for the Appellant. Ms. Kiran Suri, Sanjay R. Hegde, Anil K. Mishra, A. Rohen Singh and Ms. Kirti Mishra for the Respondent. JUDGMENT S.B. Sinha, J. - Leave granted. 2. Whether execution of a supplementary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : "As per the abovesaid amendment, the original document, since the changes in the legal effect of the instrument and hence the supplementary agreement document in question subjected to the entire material alteration. In this regard, it held in the similar cases in AIR 1939 Cal. 181 1 , AIR 1936 Rang. 136 2 , [1939] 2 MLJ 686 3 , the honourable courts held (recorded in the Krishnamurthy s Indian Stamp Act, or VII edition s page 133 in note 9). Therefore, in the present Amendment or Supplementary Agreement , it is opined that the fixed deposit and annual rent as per appendix 5( d ), it is required to pay entire stamp fee. Hence, the following order : ORDER No. DR.I/47/2000-01Dated 26-10-2000 Taken into consideration of all the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents (P.) Ltd., which is now changed to Prasad Technology Park (P.) Ltd. On account of change of name of the company, a supplementary agreement was entered into between M/s. Karnataka Industrial Areas Development Board and the appellant-company. So far as the agreement of non-payment of stamp duty is concerned, the same is not acceptable. It cannot be said that the supplementary lease agreement is also an instrument under which the appellant-company claims certain leasehold rights from the Board, and therefore, it is liable to pay the stamp duty and cannot escape payment of stamp duty. The learned Single Judge having found no illegality in the order of the second respondent, considering the material on record and case law relied on, by a de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... os e of manufacture of readymade garments or leather garments factory/industry and not to use the demised premises or any part thereof for any other purpose nor for the purposes of any factory which may be obnoxious, or offensive by reason of emission of odour, liquid effluvia , dust, smoke, gas, noise, vibrations or fire hazards. 2.( q ) The lessee shall not alienate the demised premises or any part thereof or the building, that may be constructed thereon during the period of lease. The lessee may mortgage the right, title and interest in the demised premises in favour of the Government of Karnataka or the Central Government or corporate bodies like Life Insurance Corporation of India, Karnataka State Industrial Investment and Developme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. By reason of the supplementary agreement, a restrictive covenant has been amended in terms whereof the appellant herein was permitted to carry on the business of a technology park instead of manufacture of readymade garments/leather garments. Only because the name of the company was changed, the same would not mean that a fresh transaction took place. Having regard to the change in the name of the company, the appellant s name was sought to be substituted in the original agreement. The period of the lease, the quantum of the premium paid and other terms and conditions remained unaltered except the restriction contained in clause 2( q ) of the said deed, was removed. By reason of mere change of user from carrying on one business to anothe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lementary agreement is neither a deed of lease nor a deed of sale within the meaning of section 105 or section 54 of the Transfer of Property Act, as the case may be, article 5( d ) of the Schedule to the Act will have no application. If article 5( d ) has no application, indisputably the residuary clause contained in article 5( f )( i ) would have. The appellant admittedly paid the stamp duty in terms thereof. 14. It is now well-settled that for the purpose of levy of stamp duty, the real and true meaning of the instrument must be ascertained. [see Madras Refineries Ltd. v. Chief Controlling Revenue Authority, Board of Revenue, Madras [1977] 2 SCC 308]. 15. The High Court held that "the supplementary lease agreement cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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