AJODHYA PRASAD Vs. PARASHRAM

JUDGEMENT

(1.) STAPLES , A.J.C. 1. This is an application for revision against the finding of the Additional District Judge, Damoh, on an issue framed in the suit with regard to a document tendered in evidence, its admissibility and the value of the stamp payable upon it. The document in question purports to be a deed of adoption executed by Motiram in favour of the applicant Ajodhya Prasad. It was written upon a stamp of Re, 1, but was produced before the Collector under Section 41, Stamp Act, and has been certified and endorsed by the Collector under Section 42 of the Act upon payment of Rule 20 as duty.

(2.) THE lower Court has held that the document, although purporting to be a deed of adoption is really a deed of gift as it transfers the whole of the executant's property in favour of the applicant Adjodhya Prasad, and has relied upon Bhagwan Prasad v. Hari Singh A.I.R. 1925 Nag. 199. The lower Court has then proceeded to hold that the document is inadmissible in evidence without a proper stamp and has declared the stamp duty to be Rs. 1,500 and the penalty Rs. 15000 and has recorded a finding that the document is not admissible as a deed of gift until the applicant, defendant 1 pays Rs. 16,500 as duty and penalty. The application for revision is against this finding.