This revision petition has been filed against the order passed in O.S.No.6 of 2004 by the Additional District and Sessions Judge, Cuddalore at Virudachalam, fixing the stamp duty and penalty for an unregistered partition deed.

2. The revision petitioners are the defendants 2, 13, 15 and 16 in the original suit and the suit in O.S.No.6 of 2004 had been filed by the plaintiffs for partition of the suit properties. The trial court had decreed the suit on 30.11.2009 and determined the share of the plaintiffs as 1/3. Against which, A.S.No.513 of 2006 had been filed by the plaintiffs before this court. This court by its order dated 27.08.2012, set aside the decree and judgment passed by the trial court and remitted back the matter to the trial court for fresh consideration, by giving the following decisions in points.

Point No.1 is decided to the effect that the lower court was not justified in holding that there was partition among the family members in the absence of any clinching evidence and the lower court also was wrong in ordering partial partition.

Point No.2 is decided to the effect that the finding of the lower court concerning oral sale is not tenable.

Point No.3 is deci