NARAYANA RAO Vs. M S SHIVARAMA

JUDGEMENT

(1.) This matter coming up before this Court for orders, after hearing learned counsel for the parties, is disposed of finally.

(2.) The short question involved in This Petition is whether the document sought to be produced by the plaintiff, a palupatti kararu, is required to be on a stamped paper or duly stamped if it attracts description of an instrument of partition as defined under Section 2(k) (iii) of the Karnataka Stamp Act and there, fore liable to pay duty and penalty before it is admitted in evidence though it is not required to be registered under the Registration Act.

(3.) The true copy of the instrument in question is given by the Counsel for respondent The instrument is dAted 20th November, 1976. It purports to be an agreement to partition the joint family properties between the two sons of one Subbaraya, since deceased, in the presence of the panchayatdars. The crucial recitals freely translated into English are as foLlows :- We have for our share, obtained the properties noted below, as decided by the panchayatdars. We shall take possession of our respective properties before the end of December, 1S67. In March, 1967 a partition deed shall be got executed and duly registered in accordance with the partition made under this instrument." Thereafter the list of properties Allotted to each one of the brothers signed by the brothers as well as the witnesses follows.