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(Kilaru) Gangaiya and anr. Vs. (Kilaru) China Lingaiya - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1933Mad162; 145Ind.Cas.529
Appellant(Kilaru) Gangaiya and anr.
Respondent(Kilaru) China Lingaiya
Excerpt:
- pandalai, j.1. the partition list is not an instrument of partition within the meaning of section 2(15), stamp act, because it did not itself effect any division as the agreement for a subsequent stamped and registered instrument shows, but was an agreement for effecting a future partition on the terms agreed. the document is liable to stamp duty and penalty as an agreement under article 4, schedule 1(a), madras act 6 of 1922. the order of the district munsif is varied accordingly. no costs.
Judgment:

Pandalai, J.

1. The partition list is not an instrument of partition within the meaning of Section 2(15), Stamp Act, because it did not itself effect any division as the agreement for a subsequent stamped and registered instrument shows, but was an agreement for effecting a future partition on the terms agreed. The document is liable to stamp duty and penalty as an agreement under Article 4, Schedule 1(a), Madras Act 6 of 1922. The order of the District Munsif is varied accordingly. No costs.


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