Jitender Mohan Malik vs Ravi Bhushan Malik on 2 July, 2008
26. Section 2 (15) defines an instrument of partition to mean
any instrument whereby co-owners of any property divide or agree to
divide such property in severalty, and includes also a final order for
effecting partition passed by any revenue authority or any civil court
and an award directing a partition. It was contended on the part of
the decree holder that the award by itself does not partition the
properties and merely declares the portions of the property which
would go to the decree holder and the judgment debtor. It was also
contended that this was subject to the judgment debtor paying the
said sum of Rs 15,20,000/- to the decree holder towards the
difference of the cost of land divided amongst the two of them. He
submitted that the award merely identified the rights, but did not
confer title and, therefore, was not an instrument of partition within
the meaning of Section 2 (15) of the Indian Stamp Act, 1899. Strong
reliance was placed by Mr Qayam-ud-din on the decision of this court
EA 133/08 in Ex.P. 196.07 Page No.28 of 35
in the case of Smt. Aruna Parwal (supra). However, I am of the
view that the said decision is not relevant for the purposes of
construing the provisions of Section 2 (15) of the Indian Stamp Act,
1899.