S.KARTHIKEYINI Vs. SELVARANGA MUDALIAR

JUDGEMENT

(1.) On 21/9/2021, a final decree for partition came to be passed on the basis of memo of compromise filed by the parties. As is required, this final decree has to be engrossed in non-judicial stamp (henceforth would be referred to as NJS) paper. The plaintiffs have paid NJS for the proportionate value of the properties that came to be allotted to them under the final decree. The Registry however, required the plaintiffs to deposit the NJS for the entire value of all the properties in relation to which the final decree was passed. In other words, the sharers who have been allotted properties proportionate to the share as declared in the preliminary decree face an obligation to pay for the NJS for the value of the property allotted to other sharers as well. The plaintiffs resisted the objections of the Registry and required it to place the matter before this Court. That's how this matter came to be posted before this court.

(2.) On 21/2/2024, the case was posted before the court for hearing. Mr.Nagu Sah, the learned counsel for plaintiffs was heard briefly. It then came to light that there is a practice in vogue in the original side of this court where the final decree in a suit for partition will be drawn up only when NJS is deposited for the entire value of the properties pertaining to which final decree is passed. This would imply that if anyone is anxious to secure his property allotted to him in the final decree, then unless other parties share a similar anxiety and pay for the NJS for the respective properties allotted to them, the former will be denied the right to enjoy the benefit obtained under the final decree proceedings. The solution which the Registry has is plain and simple: " If you are anxious to get a final decree for you, pay for all."

(3.) Since the issue is of seminal significance this court appointed Mr.M.S.Krishnan and Mr.V.Raghavachari, both senior counsel with substantial experience in civil law, as amicus curiae, to assist this court.