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Sundaram Finance Ltd. vs. State of Rajasthan & Ors.

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Rajasthan Motor Vehicles Taxation Act, 1951–Secs. 4(b) & 5–After the failure of payment of loan, the petitioner repossessed the unregistered financed vehicle from the respondent nos. 3 & 4–Vehicle is in physical possession of petitioner, and it is the owner of the vehicle–Further, the terms and conditions of the agreement that the petitioner is the owner till the entire loan amount is paid–Liability of tax is joint and several on the owner and the person in whose possession the vehicle is–Even if the petitioner is accepted to be a dealer & exempted from having its registration, it is the owner in possession of vehicle and liable for paying the tax.