Sudhir Narian, J. - (1.) The present writ petition is directed against the order dated 4-5-1992 passed by the Chief Controlling Revenue Authority, U.P. Allahabad (hereinafter referred to as the 'Authority') in Revisions No. 334 (5) of 1991-92 directing the Collector (Stamp), Sitapur (hereinafter referred to as the 'Collector') directing to evaluate the property, fix stamp duty and realise the same in compliance of the order passed by the Supreme Court in Civil Appeal No. 5055 of 1989 Trideshwar Dayal and another v. Maheshwar Dayal and others.
(2.) The facts in brief are that the petitioner and respondent No. 3. referred the dispute to Sri Sheo Dularey Srivastava-Arbitrator to partition the property consisting of residential house, agricultural land and other properties. The award dated 9-10-1973 given by the Arbitrator was filed before the Civil Judge, Sitapur, for making it rule of the Court. Respondent No. 3 filed an application praying that the award be made rule of the Court. The petitioner filed an objection and one of the ground was that since the award was written of unstamped paper and was not registered it was inadmissible in evidence and as such the award cannot be made rule of the Court. The Civil Judge accepted the objection. A submission was made before the Civil Judge that the Stamp may be accepted with the penalty under Section 35 of the Indian Stamp Act, 1899. The Civil Judge did not accept the prayer for accepting the stamp duty under Section 35 of the Act out in the operative portion be passed the following order on 18-3-1976. "Application for making award rule of the court is rejected. Objection of opposite parties 1 and 2 is allowed. It is made clear that the award is vitiated for want of compulsory registrations and property stamp duty, same is impounded. Let award be sent to Collector for necessary action."
(3.) The respondent No. 3 filed First Appeal No. 38 of 1976 - Maheshwar Dayal v. Neel Kanteshwar Dayal , against the said order before the High Court which was dismissed by judgment dated 8th July, 1981, Maheshwar Dayal filed Special Appeal before the Supreme Court which was dismissed on 18th April, 1989.;