Hrishikesh Roy, J.

1. The appellant was the petitioner in W.P.(C).No.12487 of 2018 and challenge here is to the judgment dated 13.4.2018, whereby, the learned Judge declared that the four persons in the Ext.P1 partition deed, cannot claim the benefit of lesser stamp duty, as is contemplated in Article 42 (i) of the Stamp Act, 1959 (Kerala). The learned Judge referred to the expression, ‘family’, given in the explanation to Article 42(i) and declared that the four persons involved in the partition deed (Annexure A1), are disentitled to be treated as ‘family’ for the purpose of the said provision.

2. The partition deed was amongst the appellant Vasudevan Vadhyan Namboothiri, his wife Vilasini, their son Dileep and the 4th person in the partition deed is the brother of the appellant, Parameswaran Namboothiri. But the learned Judge erroneously stated that brother and brother’s wife are parties and therefore they cannot come under the category of ‘family’ to be entitled to lesser stamp duty on the deed.

3. The benefit of paying lower stamp duty would be available to persons, who come within the enumerated category and it would be appropriate to extract the relevant provision for