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1961 Supreme(AP) 193

JAGMOHAN REDDY, P.CHANDRA REDDY
Sanapala Suryanarayana – Appellant
Versus
Sanapala Ramachandra Rao (died) his Lrs. – Respondent


REDDY, C. J.

( 1 ) THE only question raised in these appeals is whether without the award being filed in court either a judgment could be passed in terms of the award or the alleged award could be set aside. This point arises in the following circumstances.

( 2 ) ONE Sanapala Subbaiah Naidu alias Subbrao died survived by his widows and leaving some properties. Succession to the estate opened in or about the year 1953. On the death of the widows, immediately disputes arose amongst several of his distant relations as to who should succeed to the estate. This was referred to the arbitration of one B. Rajagopalarao. The arbitrator made the award and presented it for registration on 24-2-1954. But the award was not engrossed on stamp paper as required under the law and the stamp duty of the value of Rs. 390. 00 was due. The District Registrar who took up the matter for registration, apportioned the liability for stamp duty and penalty between the parties and issued notices on 13-1-1956 to them to remit that amount. The first appellant in the C. M. A. refused to pay the amount objecting to such a demand. As the entire stamp dirty and penalty was not paid, the District Registrar refused t








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