MAHIP SINGH THAKUR Vs. HEMA THAKUR

JUDGEMENT

(1.) This appeal challenges, inter alia, the impugned order passed by the learned Single Judge on an application for clarification pursuant to an order passed by the Registry, inter alia, calling upon the appellant to get the property valued for payment of stamp duty under article 45 of the Stamp Act.

(2.) After the communication of the said order of the Registry, the appellant filed an application before the learned Single Judge for striking down the order of the Registry as no stamp duty was to be paid by the appellant. To appreciate the contention of the parties, it is relevant to reproduce the contents of the order passed by the learned Single Judge in the suit for injunction filed by the plaintiff being CS(OS) No. 2027/1996, which are as under :

(3.) It seems that in view of the later part of the said order/decree the Registry had given notice that market price of the property be valued and stamp papers be filed accordingly. The learned Single Judge, in the application for clarification, took the view that Ex.C-3 was not a family settlement but it was a partition deed and therefore, provisions of Section 2(15) of STAMP ACT, 1899 were applicable and the decree passed in the suit was in the nature of a decree for partition and duty as levied in the said provisions of the Indian STAMP ACT, 1899 was leviable.