An unregistered partition deed is inadmissible in evidence and cannot be used to prove a partition.

ANANTANARAYANA AYYAR, J.

( 1 ) THIS is an appeal against the Judgment and Decree of the Subordinate Judge, Visakhapatnam, in O. S. No. 19 of 1956 on his file. One Makireddi Venkanna had two sons. The younger son is the first defendant. The elder son was one Appanna who was the husband of the third defendant by whom he begot his only son Makireddi Nookaraju, the plaintiff.

( 2 ) VEKANNA also had two daughters, namely, Narayanamma (D. W. 1) and Rajamma. Rajamma had a daughter Simhachalam by her first husband. Simhachalam is the wife of the first defendant. Rajamma s second husband is Pothuraju (D. W. 2 ). Rajamma is now dead. The other daughter, Narayanamma (D. W. 1) became a widow when she was very young in about 1937 and from then she was living in her father s village. Her father, Venkanna, purchased for her the land, which is item 11 of the plaint A schedule, through Exhibit B-g, dated 22nd September, 1926. Appanna was a man of subnormal intelligence and he died in or about 1947. Venkanna died a few months thereafter.

( 3 ) MAKIREDDI Nookaraju, as sole plaintiff, filed O. S. No. 19 of 1956 for partition of the properties of plaint A and B schedule into two equal shares and for possession of one such share, for taking of accounts in respect of A schedule lands till delivery of possession and for fixing maintenance of the third defendant. The second defendant is the undivided minor son of the first defendant. The third defendant is the plaintiff s mother. Plaintiff contended in his plaint that himself and the defendants were members of a joint family. The first defendant was the manager of the joint family. As Appanna was not a worldly-wise man, the other members of the family ill-treated his (Appanna s) wife D-3 with the result that the latter had to go away and live in her parents house since two years prior to the death of Appanna. After the death of Appanna and Venkanna, the third defendant demanded partition on behalf of the plaintiff. But, the first defendant said that he would partition only after the plaintiff attained majority. Then there was a panchayat as regards maintenance of the third defendant, as a result of which, a temporary arrangement was made by giving her one acre of land as maintenance in addition to giving a room in the house for her residence. After attaining majority, the plaintiff came to know that the first defendant had secreted the income from the properties with a view to defraud him. Plaintiff issued a lawyer s notice (Exhibit 6-3), dated 10th July, 1955.

( 4 ) DEFENDANTS 1 and 2 contested the suit by filing a written statement to the following effect: In 1949, the third defendant demanded a partition on behalf of the plaintiff, who was then a minor. P. W. 4, who is the brother of the third defendant, convened a panchayat. The panchayatdars made a decision and accordingly the plaintiff was given half share in all joint family properties and his mother, who represented him as his guardian in the course of the partition, took possession of his half share. He was also given a cart and a pair of bulls and a sum of Rs. 24. 7-8-0 towards the half share in the moveables. The third defendant executed an agreement (Exhibit B-5), dated 11th May, 1949, on behalf of the plaintiff in favour of the first defendant, admitting all these facts. The plaintiff and his mother have been in possession of and have been cultivating the property constituting his share in items 1 to 6, 12, 14, 17 and 18 of the plaint a schedlue property. Plaintiff is not entitled to any share in any of the other items of the property or to ask for account. The suit is liable to be dismissed. Regarding each of the other items of property other than items 10 and 1 to 6, 12, 14, 17 and 18, defendants 1 and 2 made specific pleadings. These pleas will be referred to when considering the individual items of property later in this judgment. The third defendant remained ex parte.

( 5 ) ON the pleadings, the learned Subordinate J

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