Dev Stngh vs Puran Singh - 1974 Supreme(All) 314

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1974 Supreme(All) 314

G. C. MATHUR
Dev Stngh – Appellant
Versus
Puran Singh – Respondent

Advocates appeared:
Rajesh Tandon, Advocate, for the Applicant

JUDGMENT

G. C. Mathur, J. - The plaintiff filed document 74C-1 bearing stamp of Rs. 2.25/- and document 76A-1 bearing stamp of Rs. 2.00. The defendant made an application for impounding the documents contending that they were either sale deeds or release deeds and were insufficiently stamped. The plaintiff contended that the documents were merely agreements and were sufficiently stamped. The Munsif was of the opinion that the documents were either sale deeds or release deeds and not merely agreements. He, however, refused to impound them on the ground that they did not constitute either a valid transfer or valid surrender in the eye of law. He was of opinion that the executant's of the documents did not appear to have any rights in the land which they could transfer and, therefore, the documents were ineffective and invalid. Against the order of the Munsif, the defendant has filed this revision.

2. The Munsif has relied upon a Full Bench decision of the Madras High Court in Crompton Engineering Co., (Madras) Ltd. v. Chief Controlling Revenue Authority, Madras, A.I.R. 1953 Madias 764. In this case, the question was whether the document was a mortgage deed as defined under Sec. 2 (17)

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