CHERUKURI MALAKONDAIAH Vs. KOSARAJU VIDYARANYA

JUDGEMENT

(1.) THIS revision petition has been filed by the respondents 5 and 6 in guardian and Wards OP No. 8 of 2007 on the file of the Court of the District Judge, ongole, Prakasam District, being aggrieved by the order of the lower Court dated 12. 6. 2008, admitting the memorandum of past partition, without considering the objection raised by the revision petitioners that the memorandum of past partition is liable to stamp duty and penalty and it is compulsorily registrable document under the amended Act of 1986.

(2.) THE learned Counsel for the petitioners contended that as per amended clause 15 of Section 2 of the Indian Stamp act, the document is required to be stamped and as it is not duly stamped, the Court has to collect the stamp duty and penalty and as the document is not a registered one, it cannot be received and marked in evidence and it is liable to be rejected.

(3.) THE learned Counsel for the revision petitioners further contended that the document clearly indicates past partition between the parties and by virtue of the amendment Act of 1986, which came into force on 16. 8. 1986, the document must be deemed to be a deed of past partition. Therefore, it requires necessary stamp duty and penalty and registration and as the document is written on insufficient stamped paper, it cannot be treated as valid document to be received in evidence. He further contended that the document cannot be received even for collateral purpose also.