MEDAM CHANDRAMOULI Vs. REVENUE DIVISIONAL OFFICER KURNOOL

JUDGEMENT

(1.) The two cases were referred by the Board of Revenue to the High Court under Section 57 of the Indian Stamp Act.

(2.) The petitioners in R. C. No. 32 of 1959 are the sons of late Medum Venkayya Chetty. They got their family properties divided and partition lists were prepared in a book form duly signed by the members of the family. The property consisted of moveable and immoveable properties, out-standings and shares. The immoveable property consisted of agricultural lands also, The questions that arise for decision and which are referred to the. High Court are :

(3.) Mr. Vedantachari, the learned Counsel appearing for the petitioners contended that these partition lists are merely memoranda of a past partition effected prior to the preparation of the lists and that therefore, this book containing the lists of partition is not an instrument of partition as defined in Section 2, Clause (15) of the Indian Stamp Act. An instrument of partition is defined in Section 2, Clause (15) of the Stamp Act as follows:-