NERUSU VENKIAH Vs. JALTI VEERA VENKAMMA

JUDGEMENT

(1.) THE question to be answered by us in this reference is whether a compromise which has resulted in partition of certain properties requires to be stamped as an instrument of partition within the meaning of S. 2 (15) of the Indian Stamp Act. The point arises in this way :

(2.) THE submission made on behalf of the appellants is that a compromise of this description is not an instrument of partition within the mischief of section 2 (15) of the Stamp Act, for the reason that the parties did not divide the properties as co -owners. It is urged by Mr. Narasinga Rao, that each party asserted his or her exclusive title to the property in the suit and as such it is difficult to regard this division as one amongst co -owners.

(3.) SECTION 2 (15) of the Act, defines an instrument of partition as meaning