KINHANNA ALVA Vs. DEYYAKKU

JUDGEMENT

(1.) The Sub Judge, Kasaragod overruled the objection of the revision petitioner that the execution petition is barred by limitation. Revision petitioner contended that the execution petition filed beyond the period of 12 years from the date of the judgment viz. 20-8-1977 is barred by limitation. The E.P. was filed only on 10-3-1990. Contention of the respondents is that the period of limitation of 12 years as provided under Art.136 of the Limitation Act runs from the date on which the decree becomes enforceable and as the non judicial stamp papers were produced only on 31-7-1989 with notice to the opposite side the time, would run only from that date.

(2.) In the preliminary judgment one month's time was given for production of non judicial stamp papers. Contention of the revision petitioner is that as it was not produced within the stipulated time respondents cannot contend that the period of limitation would run only from the date of actual production of the non judicial stamp papers for engrossing the decree on it. Non-judicial stamp papers were produced in the Court on 31-7-1989 with notice to the revision petitioner and the decree was engrossed on it. Revision petitioner did not object to the Court permitting the production of the non judicial stamp papers on the ground that it is belated. Having not done so, he cannot at a later stage contend that lime would run from the date fixed originally for the production of non judicial stamp papers. Counsel for the respondents pointed out that the decree did not mention the value of the non judicial stamp papers necessary for engrossing the decree and as it was adjudicated only later and as the stamp papers were produced only on 31-7-1989 it can never be held that the execution petition is barred by limitation.

(3.) The settled legal position is that decree for partition becomes enforceable only when it is engrossed on requisite non judicial stamp papers. A decree of the Court effecting partition squarely comes under S.3(k) of the Kerala Stamp Act. S.3(k) reads: