KALIDAS LALBHAI Vs. TRIBHUWANDAS BHAGWANDAS

JUDGEMENT

(1.) We have no doubt whatever in this case that the question, whether the document should have been stamped as an instrument of partition as defined in Section 2, Clause (15) of the Stamp Act, must be answered in the affirmative.

(2.) It appears that one Bhagwandas Tapidas died in 1900 after having made a will and a codicil. He left behind him a son and two grandsons by a predeceased son. Then it appears that there were disputes between the son and the grandsons, and by a submission paper, the disputes were referred to arbitration, and it appears from that submission paper that Balvantrao Tripurshankar and Thakorram Kapilram were not to divide the property but to make an award.

(3.) Accordingly they made their award; and the question that arises is, whether that award direcs a partition or not.