Is the remedy to enforce a panchayat partition agreement a suit for specific performance and not a suit for partition?
Coram: Justice R.Sakthivel
The remedy to enforce a panchayat partition agreement is a suit for specific performance, not a suit for partition.
Yes. The remedy to enforce a panchayat partition agreement is a suit for specific performance, not a suit for partition. The agreement is a specifically enforceable contract, so the suit for declaration and permanent injunction and the suit for partition of the entire suit properties are both not maintainable. (¶32)
Indian Stamp Act, 1899 — Sch.I Art.5(j) — Specific Relief Act, 1963 — Panchayat partition agreement — Family arrangement — Registration — Admissibility — Family arrangement — Semblance of a claim — Entitlement to enter into a partition — Held: A member holding a semblance of a claim is entitled to enter into a family arrangement, and a pre-existing title is not a condition of doing so. (¶28) Registration — Agreement contemplating a further registered instrument — Registration not required — Held further: An agreement that records a panchayat partition and contemplates a further registered instrument is not a partition deed and need not be registered. (¶30) Indian Stamp Act, 1899 — Sch.I Art.5(j) — Stamp on an agreement — Ten rupee stamp paper sufficient — Held further: Such an agreement written on a ten rupee stamp paper is sufficiently stamped, and the concurrent finding of inadmissibility cannot stand. (¶30) Specific Relief Act, 1963 — Enforcement of a panchayat partition agreement — Suit for specific performance — Held further: The remedy is a suit for specific performance of a registered partition deed, not a suit for declaration or for partition. Second appeal allowed in part. (¶32, 33)
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