SHEIKH MUKARRAMUDDIN Vs. SHEIKH RAHIMUDDIN

JUDGEMENT

(1.) The short question for determination in this case is: Whether the award dated 6th May, 1987 directs partition? The award was made by Sheikh Mukarramuddin. It was filed in Court and by orders made on 8th Sept., 1987 in the suit, the award was made a rule of the Court With a direction that decree be drawn in terms thereof.

(2.) The award made by the arbitrator on 6th May, 1987 was in respect of disputes and differences between Sheikh Rahimuddin husband of Mst. Zobra Begam, his two sons Sheikh Abidis & Javed Kamal and two daughters Talat Jamal & Nahid Jamal. Mst. Zohra Begam according to the award died in Delhi on 6th July, 1986 and had orally devised and bequeathed her properties in favour of her sons and daughters HI shares which they would have inherited according to Muslim Law of Succession. The award, also states that her husband Sheikh Rahimuddin had accepted the will of Mst. Zohra Begam by his. Release deed dated 4th March, 1987. By the award the arbitrator held that according to the will of Mst. Zohra Begam. Badrul Alidin, Javed Kamal, Talat Jamal and Nahid Jamal became owners of certain immovable properties, details of which have been given in the award in shares which they would have inherited according to Muslim Law of Succession. The arbitrator also held that according to will of Mst. Zohra Begam, her son Javed Kamal and daughter Nahid Jamal each got one set of gold of 20 tolas each, and her sons Badrul Abidin and Javed Kamal got Rs. 25,000.00 each and her daughters Talat Jamal and Nahid Jamal had got Rs. 10,000.00 each and that Sheikh Rahimuddin is bound by his release deed dated 4th March, 1987 and has no right title or interest in the properties left behind by his deceased wife. After the passing of the order making the award a rule of the Court with a direction that decree be drawn in terms of the award, the Registry of this Court raised an objection that decree can be drawn up only on the furnishing of non-judicial stamp papers as the award is for partition of the properties. In view of this objection, petitioner has filed the present application contending that arbitrator or by his award has accepted the Will of late Mst. Zohra Begam who by her will devised and bequeatbed her properties in favour of her sons and daughters, in shares which they would have inherited according to Muslim Law of Succession. The contention of the petitioner is that award is not for partition of properties and, therefore, no judicial stamp papers are required to be filed for drawing up the decree sheet. Notice of the application was issued to Standing Counsel of Delhi Administration and I have heard learned counsel for the parties and Mr. Maheshwar Dayal, learned standing Counsel of Delhi Administration.

(3.) Under the provisions of Section 2(11) of Stamp Act, 1899 an award by an arbitrator directing a partition, is also an instrument of partition Section 2(15) reads as under:- "Instrument of partition" means any instrument whereby co-owners of any property divide or agree to divide such property in severally, and includes also a final order for effecting a partition passed by any revenue authority or any Civil Court and an award by an arbitrator directing a partition.