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2012 Supreme(MP) 61

R.C.MISHRA
Chandralata Gupta – Appellant
Versus
Umesh Kumar Sinhal – Respondent


ORDER

1. This revision, under Section 23-E of the M. P. Accommodation Control Act, has been preferred against the order dated 1961 (hereinafter referred to as the 12-4-2010 passed by Rent Controlling Authority, Bhopal in Case No. 52/RCA/2006, reviewing the earlier order dated 15-2-2010 on the ground that it suffered from patent error of law.

2. The proceeding, under Chapter III-A of the Act, for eviction of the respondent was initiated upon application moved by the petitioner, a widow, under Section 23-A(b) of the Act.

3. The respondent raised an objection, by way of an application under Section 35 of the Indian Stamp read with Section 151 of Code of Civil Stamp Act, 1899 (for short the) to the effect that being an insufficiently stamped Procedure (for brevity instrument of partition, as defined under Section 2(15) of the Stamp Act, the Family Settlement Deed, sought to be tendered in evidence by the petitioner as document of title was admissible only after payment of requisite duty and penalty. In reply, the petitioner, while asserting that subject matter of the deed was an ancestral property, termed the contention as misconceived. After hearing the arguments, the RCA, vide order-
















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