CHHATRA SINGH Vs. SHAYAMWATI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 12/07/2018 (Annexure P/4) passed by the Civil Judge Class - II Dindori in Civil Suit No.32-A/2015 whereby the petitioner/defendant is directed to pay the stamp duty on the partition deed/relinquishment deed.

(2.) Facts necessary for disposal of the present petition in short are that respondent Nos. 1 & 2 along with their late father had filed a suit for declaration, partition and possession against the petitioner and other respondents contending that no partition had taken place in the family in respect of disputed property and, therefore, a decree for partition and possession be passed against the petitioner/defendant and other respondents. The petitioner and other respondents opposed the aforesaid claim contending that family partition had already been taken place between the family member and no partition is possible between the plaintiffs with other family members.

(3.) The evidence of the respondent Nos. 1 & 2/plaintiffs was recorded and at the time of evidence of the petitioner/defendant when a partition deed which was unregistered and unstamped was submitted, an objection was taken by the respondent Nos. 1 & 2/plaintiffs to the effect that the aforesaid document needs stamp duty and, therefore, it cannot be exhibited under law. The petitioner/defendant contended that earlier to the filing of the suit, the document of partition was exhibited by the Court in the earlier partition suit as Ex.D/1 and taking into consideration the same, the Court below had dismissed the suit filed by the family members of the petitioner and respondents holding that partition had taken place between the family members. The Court below held that the document sought to be admitted in evidence amounts to partition and relinquishment deed and, therefore, it requires stamp duty and, therefore, directed to the petitioner to pay stamp duty on the document vide impugned order.