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In Re: Reference Under Section 49 of the Stamp Act - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad385
AppellantIn Re: Reference Under Section 49 of the Stamp Act
Excerpt:
stamp act, section 3(11) - partition deed--list of divided property--agreement to divide outstandings. - section 16 (1) (c) :[tarun chatterjee & aftab alam,jj] ready and willing to perform-concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - buyers failing to pay balance consideration before agitating matter before supreme court held, concurrent finding cannot be interfered with. section 20: [tarun chatterjee & aftab alam,jj] whether time is the essence of contract held, many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. clear condition in contract that purchasers would have to definitely..........to the share of one of the brothers. it does not of itself operate to release the joint interests of the other parties to the partition and create a sole interest in the person whose share it records. it is, however, also accompanied by an agreement for the future division of outstandings. the document should in respect of this agreement have borne an agreement stamp, and before it can be received in evidence the penalty due on an unstamped agreement must be levied and paid.
Judgment:

Charles A. Turner, Kt., C.J., Kernan, Kindersley, Muttusami Ayyar and Hutchins, JJ.

1. We are of opinion that the exhibit II, with its supplement exhibit III, is not an award nor a partition deed, but it is a note that a certain property had, on partition, been alloted for the maintenance of parents, and a memorandum of the particulars of property which had, on partition, fallen to the share of one of the brothers. It does not of itself operate to release the joint interests of the other parties to the partition and create a sole interest in the person whose share it records. It is, however, also accompanied by an agreement for the future division of outstandings. The document should in respect of this agreement have borne an agreement stamp, and before it can be received in evidence the penalty due on an unstamped agreement must be levied and paid.


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