NEERAJ ARYA Vs. RAKESH ARYA

JUDGEMENT

(1.) The present Application under Ss. 33, 38 and 40 of the Indian Stamp Act, 1899 (hereinafter referred to as the 'Act, 1899') read Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC, 1908') has been filed on behalf of the applicant/defendant No. 1 seeking impounding of the original Relinquishment Deed dtd. 12/1/2018 and sending the same to the Collector for determination for payment of proper Stamp Duty and Registration Fee and penalty.

(2.) The facts in brief are that the plaintiff had filed the Suit for Partition and Injunction in respect of Suit Property bearing No. B-1/97, Paschim Vihar, New Delhi measuring 167.22 sq. meters claiming that the said property belonged to his father. The plaintiff's father was survived by two sons and a wife, who each became entitled to 1/3rd share in the suit property.

(3.) It is asserted that the defendant No. 2/Smt. Shakuntla, mother, has relinquished her 1/3rd share in the suit property in favour of the plaintiff, making him entitled to cumulative of 2/3rd share in the suit property. In this regard, the non-applicant/plaintiff had relied upon the original Relinquishment Deed dtd. 12/1/2018 which was filed by him pursuant to the Order dtd. 16/4/2021.