BHAGWAN SINGH Vs. HARDIAL SINGH

JUDGEMENT

(1.) THIS petition under Section 115 of the Code of Civil Procedure has been filed by Bhagwan Singh, one of the defendants in a suit for possession of 26 Bighas 13 biswas of land situated in village Chaunda on the basis of a gift deed and seeks the revision of an order dated the 29th of November, 1971 of the Subordinate Judge II class Malerkotla, refusing permission to the petitioner to produce secondary evidence of the contents of a document described as a deed of compromise.

(2.) THE parties are inter-related as shown in the following pedigree table:-BANJIT SINGH | Basant Singh | Ishar Singh | ______________|______________ | | Ram Singh Bhagwan Singh Defendant Defendant No. 2 No. 1 ______________________|___________________________________ | | | | | Hardial Mukhtiar Harbhajan Didar Jeet Singh Singh Singh Singh Singh Plaintiff Plaintiff Plaintiff Plaintiff Defendant No. 1 No. 2 No. 3 No. 4 No. 3 It appears that the gift deed abovementioned was the subject-matter of a disputed mutation which was to come up for further proceedings before the concerned Roving Revenue Assistant on the 28th of March, 1963. On that date Ishar Singh, his son Ram Singh and the latter's son Jeet Singh presented to the Roving Revenue Assistant a document of which a certified copy was produced before the trial Court. The contents of that copy, when freely translated, run thus: In the Court of R. R. A. , Camp Malerkotla. Ram Singh son of Ishar Singh, Hardial Singh, Jeet Singh, Didar Singh, Harbhajan Singh, Mukhtiar Singh sons of Ram Singh residents of Chaunda. . . . . . . . . . Applicants. Versus Ishar Singh son of Basant Singh Jat of Chaunda. . . . . . Respondent. Disputed mutation of gift and inheritance regarding land of Basant Singh deceased son of Ranjit Singh resident of Chaunda--land situated in village Chaunda. We are, Ram Singh son of Ishar Singh, Gurdial Singh, Jeet Singh, Didar Singh, Harbhajan Singh, Mukhtiar Singh sons of Ram Singh through Jeet Singh who is responsible for his brothers, applicants, and Isbar Singh son of Basant Singh resident of Chaunda-respondent. Whereas 45 bighas and 7 biswas of land shall be in the name of us Ram Singh and Ishar Singh by inheritance through a will of Basant Singh deceased of village Chaunda. Moreover there is a gift of 26 bighas and 13 biswas of land by Basant Singh deceased of village Chaunda in favour of Hardial Singh and others sons of Ram Singh, regarding which a settlement with Ishar Singh has taken place. The entire lot of Basant Singh's land is settled at half and half. Mutation may be sanctioned in our favour half and half. For those sons who are not present I, Ram Singh, am responsible. Therefore this Razinama has been written so that it may be used as a Sanad. Dated 28th of March, 1963. Ram Singh shall be owner of one-half and Ishar Singh shall be owner of one-half. I. Ram Singh, shall have no connection after the inheritance of Ishar Singh opens, with that one-half of the land which shall be in the name of my father Ishar Singh, and only my brother Bhagwan Singh shall be owner thereof. Therefore this Razinama is written so that it may provide a Sanad. Dated 28th of March. 1963. I, Ram Singh, and my descendants shall have no connection with the property of Ishar Singh and only Bhagwan Singh shall be owner thereof. Dated 28th of March, 1963. Sd/- Ram Singh Sd/- Jeet Singh Sd/- Ishar Singh Sd/- Witness Harbans Singh Sarpanch Chaunda Sd/- Witness Mehar Singh Chaunda Sd/- Ganda Singh Lambardar Chaunda Sd/- Harchand Singh Lambardar Chaunda Sd/- Kaka Singh Lambardar Chaunda Sd/- Petition Writer No. 197 "seal. " The copy also contains the following endorsement :

(3.) IN my opinion no stamp duty was leviable on the Razinama which was also not compulsorily registrable. In this connection the relevant provisions of the Indian Stamp Act and the Indian Registration Act have to be examined. The charging section of the former is Section 3, which lays down that certain types of "instruments" shall be chargeable with duty of the amount indicated in Schedule I appended to the Act. The word "instrument" is defined in Section 2 (14) as follows :-