SOLIL CHATTERJEE Vs. SONJOY CHATTERJEE

JUDGEMENT

(1.) This is an application filed by the plaintiff praying that the original decree-sheet be directed to be given over to the plaintiff as the same is the title document in favour of the plaintiff. The background of this application is that on 04.07.2005, this court, insofar as the immoveable property bearing No.D-8/5, Vasant Vihar, New Delhi was concerned, having regard to the order passed by the Division Bench on 24.05.2005 in CM 7192/2005 in FAO(OS) 164/2002, and the fact that the amount of Rs.2.35 crores stood deposited by the plaintiff in terms thereof, passed a final decree of partition in respect of the said property. By virtue of the said final decree of partition, it was declared that on receipt of the amount of Rs.2.35 crores by the defendant No.1, the plaintiff would become the owner of the entire property bearing No.D-8/5, Vasant Vihar, New Delhi. It was further directed that the amount of stamp duty shall be paid by both the sides in equal shares within two weeks. Thereafter, the decree- sheet was prepared by the Registry. It is stated in the application that the said sum of Rs.2.35 crores had been given over to the defendant No.1 and the same has been encashed by him. The decree-sheet has been prepared and a certified copy has been supplied to the plaintiff. By way of this application, the plaintiff prays that the original decree-sheet be directed to be given over to the plaintiff inasmuch as the same would constitute the title document in respect of the said property in favour of the plaintiff.

(2.) Such a request is not without precedent, as pointed out by Mr Makhija, inasmuch as a similar request was granted in IA No.7305/1998 in Suit No.55/1982 by a learned Single Judge of this court by an order dated 07.10.1998. In that order, it was noted that the certified copy of the decree in a suit pertaining to title is of little value for the applicant. The applicant can neither deal with the property in any manner on the basis of the certified copy of the decree nor can the applicant raise a loan by mortgaging the property or otherwise deal with the property in any manner.

(3.) Accordingly, the court directed in that case that the original decree engrossed on the non-judicial stamp paper deposited by the applicant be given to the applicant therein. It was also recorded that this was imperative in a partition suit where the title has to remain with the owner of the property. It was further directed that the Registry can keep a carbon copy or photocopy of the decree-sheet signed in original by the Registrar or Joint Registrar which can be treated as the original decree. This was followed by another order passed by another learned Single Judge of this court by order dated 20.11.2001 in IA No.10229/2001 in Suit No.905/1993. Here, following the precedent of the earlier order, the original decree was directed to be released to the applicant decree holder and a photocopy bearing the original signatures of the Registrar / Joint Registrar was directed to be kept on record and to be treated as the original counterpart of the decree.