KRISHNAMOORTHY Vs. VAITHIYALINGAM CHETTIYAR

JUDGEMENT

(1.) The plaintiff, in O.S.No.385 of 1996 is the revision petitioner. The plaintiff, aggrieved by the order passed by the District Munsif, Musiri, directing the stamping authority to revisit its earlier report and levy penalty under Sec. 35 of the Indian Stamp Act, has filed the present revision.

(2.) The case of the plaintiff / revision petitioner is that there was a Family Arrangement dtd. 31/3/1983 under which the suit property was allotted to the plaintiff / revision petitioner. As the defendants / respondents were interfering with the plaintiff's peaceful possession and enjoyment of the suit property, the plaintiff was constrained to file the suit, seeking the relief of permanent injunction to protect his possession. Pending the suit, the plaintiff sought permission to mark the memorandum of family arrangement dtd. 31/3/1983. Marking of the said document was objected to by the defendants / respondents on the ground that it was unstamped and unregistered. The trial Court rejected the said document.

(3.) Aggrieved by the same, the plaintiff filed a revision in C.R.P(MD).No.2062 of 2009, before this Court. On 3/11/2010, this Court disposed of the revision in the manner following: