1 D.B. CIVIL SPECIAL APPEAL(W)NO.738/2006 State Bank of Bikaner & Jaipur & Anr. Vs. Rajasthan Tax Board & Ors. Date of Order :: 22-01-2007 HON'BLE THE CHIEF JUSTICE SHRI S.N.JHA HON'BLE SHRI JUSTICE GOVIND MATHUR Shri M.S. Singhvi, for the appellant. Shri B.L. Tiwari, Dy.G.A. for the State. Shri Vikas Balia, for the respondent. This special appeal is directed against the order of the learned Single Judge dated 29.8.2006 by which the interim order of stay granted on 8.2.2006 was vacated. The dispute relates to the stamps payable on a document which according to the appellant-Bank is a document of lease but according to the respondent-State is a document of mortgage. The appellant had granted loan to respondent no.5, Narayan Das for construction of a house, and as per the agreement, after the house was constructed, it was leased out to the bank. When the document was presented for registration, the Sub- Registrar(Stamp), Bikaner, construing clause (II)(b) of the agreement, the Sub-Registrar held that it amounted to usufructuary mortgage of the property. 2 The case of the Bank is that unless the property is handed over for securing repayment of loan, it cannot be said to be a usufructuary mortgage. The point appears to be arguable and we are of the view that stay should not have been vacated. It need hardly be pointed out that vacation of stay exposes the appellant to the payment of stamps which may render the challenge itself infructuous. We accordingly set aside the order of the learned Single Judge dated 29.8.2006 and restore the earlier order dated 8.2.2006. The appeal stands disposed of. [GOVIND MATHUR],J. [S.N.JHA],CJ. Praveen