UNION OF INDIA Vs. S SARUP SINGH

JUDGEMENT

(1.) This Letters Patent appeal is filed by the Union of India and others against the judgment of a learned-Single Judge (Mehar Singh, J.) of the High Court of Punjab, dated 21st August, 1964, directing that writ in the nature of mandamus be issued to the second appellant. Chief Controlling Revenue Authority tor Delhi State, to state a case under sub-section (1) of Section 57 of the Indian Stamp Act, in writ petition C. W. No. 189-D of 1964 filed under Article 226 of the Constitution by the respondent herein.

(2.) The respondent herein, S. Sarup Singh, filed the aforesaid writ petition C. W. No. 189-D of 1964 in the High Court of Punjab in the following circumstances:

(3.) The facts stated in the judgment of the learned Single Judge are not disputed before us. The respondent herein and his sons constituted a joint Hindu family. His wife purchased some time in February, 1952, a building site in the Diplomatic Enclave, New Delhi; for about Rs. 41,000. The respondent herein contributed Rs. 23,300 as a gift to his wife to enable her to meet a part of the price to be paid for the site. According to the respondent, the amount which he gifted to his wile was out of the funds of the joint Hindu family. During the construction of a building on the aforesaid site, the respondent herein made further gifts of a total amount of Rs. 1,40,000 to his wife to enable her to complete the building. The building was completed some time in 1954.