9911796707
TMI Blog1945 (12) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... a suit for partition. On December 27, 1934, Bhodu Shah having died during the pendency of the suit, Wadhawa Mal on the one hand and the appellant and respondent on the other hand entered into a compromise whereby one-third of the family property was assigned to Wadhawa Mal and two-thirds to the appellant and respondent. 3. The suit in which this appeal arises was instituted by the appellant on December 21, 1939. In his plaint he alleged that after the partition of 1934 he and the respondent remained members of a joint Hindu family, the respondent as the elder brother being the karta. The appellant claimed partition of the joint family property, possession of his share, and the rendering of accounts by the respondent. The respondent in his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unity of paying the necessary stamp duty and penalty, but the respondent declined to make the payment. The alleged fact that the documents have been stamped since judgment is immaterial. 7. Section 35 of the Indian Stamp Act, 1899, provides:- "No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument la duly stamped." The provisos do not apply in this case. 8. Section 49 of the Indian Registration Act provides that no document required to be registered under Section 17 shall affect any immovable property compri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1899. He pointed out that the words " for any purpose " first appeared in India in the Stamp Act of 1879, and in England in the Stamp Act of 1891, and that under the earlier Acts there were decisions in both countries that an unstamped document might be admitted in evidence for a collateral purpose, that is, to prove some matter other than the transaction recorded in the instrument, and he submitted that these cases applied even under the later Acts. Their Lordships do not take this view. A document admitted in proof of some collateral matter is admitted in evidence for that purpose, and the statute enacts that it shall not be admitted in evidence for any purpose. Their Lordships see no reason why the words " for any purpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in both the lower Courts. In their Lordships' view the evidence establishes a physical division of much of the joint property in February, 1939, and this is only consistent with a severance in the status of the parties having taken place. 12. On that view of the matter, the appellant can get no more than the High Court gave him, namely a declaration that he is entitled to a half share in the agricultural lands which the respondent admitted to be joint, and a preliminary decree for partition of the properties mentioned in the documents marked " C " and " D " and admitted by the respondent in such documents to be joint. It has been argued for the appellant that the decree of the High Court erred in referring to the do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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