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1998 Supreme(Raj) 315

RAJENDRA SAXENA
State of Rajasthan – Appellant
Versus
Alokik Jain – Respondent


Advocates Appeared:
N.L. Pareek, Addl. G.A. for the Appellant
Harshvardhan Nandwana, for the Respondent

Judgment

Rajendra Saxena, J.-This writ petition has been preferred against the order dated 29-7-1994 passed by the learned Member of Board of Revenue for Rajasthan whereby the revision petition filed under Section 56 of the Indian Registration Act, 1889 against the order of Deputy Inspector General (Stamps) Kota dated 5-10-1993 whereby the respondent No. 1 was directed to deposit Rs. 5355 of deficit stamp duty, Rs. 15/-penalty, total Rs. 5370/-in respect of the impugned release-deed dated 29-9-1989, was dismissed.

2. Heard and perused the relevant record. A careful perusal of the impugned instrument dated 29-9-1989 manifestly indicates that respondent No. 2 Shri Tej Singh has renounced his claim in the disputed joint agricultural land for which he was recorded as joint tenant, in favour of respondent Alok Jain. The circular No. 23/1994 dated 10-5-1994 issued by the Inspector General, Registration and Stamps Department, Rajasthan, Ajmer cannot override the provisions of Article 55 of the Rajasthan Stamp Law (Adaptation) Act 1952. From the perusal of the Jamabandi Samwat Year 2056 (Annexure-7), it becomes abundantly apparent that the respondent No. 2 Tej Singh along with Inder Prakas





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