An unregistered exchange deed, which is required to be registered under the Transfer of Property Act, 1882 and the Registration Act, 1908, is inadmissible as evidence of title.

JUDGMENT

P.N.Desai, J. - This appeal by the plaintiff lays challenge to the judgment and decree passed by the First Appellate Court in R.A.No.58/2006 dated 20.09.2006 wherein the First Appellate Court partly allowed the appeal to the extent of grant of perpetual injunction and set-aside the judgment and decree passed in O.S.No.44/2005 dated 04.02.2006 by the V Addl. Civil Judge (Jr. Dn), Gulbarga, in respect of declaration of title over the suit schedule property and dismissed the suit in respect of that prayer.

2. The parties will be referred as plaintiff and defendant as per their respective ranks before the Trial Court in this judgment for convenience.

3. The brief contention of the parties are as under:

The plaintiff appellant instituted a suit for declaration of title and permanent injunction in respect of suit property which is situated in Hirapur village Taluka and District Gulbarga. It is contended that the plaintiff and defendant are the sister and brother. The house bearing No.2-188 measuring 75 feet x 122 feet consisting of 06 rooms was the property of father of plaintiff and defendant. After his death the parties to the suit and another deceased brother of the defendant got partitioned the suit property among themselves. The northern portion of the said house fell to the share of Abdul Hameed. The middle portion was given to defendant and southern portion was given to plaintiff. They are re-numbered as 2-188/1, 2-188/2, 2-188/3 respectively. Each portion measures 25 feet x 120 feet. From the date of division, all the parties were in separate possession and enjoyment of their respective shares.

It is further contended by the plaintiff that subsequently the plaintiff and defendant got exchanged their respective portions wherein House No.2-188/2 was taken by the plaintiff and House No.2-188/3 taken by the defendant. In this regard a memorandum of exchange deed was signed by all the parties on 08.10.1981. Their names were also entered in the Corporation in respect of their property. The plaintiff sold some area in the said property to the extent of 40 feet x 25 feet to one Sharanappa.

It is further the case of the plaintiff that, she intend to construct room, but the defendant started objecting for it. The plaintiff stopped the construction, as she has also no funds. But again on 21.01.2005 when she intended to continue the construction, the defendant objected and denied her title and threatened to dispossess her. Hence, she filed a suit for declaration of her title over the suit property and perpetual injunction against the defendant from interfering her possession over suit property.

4. The defendant filed his written statement contending as under:-

The defendant has admitted that the plaintiff is his sister and there was another brother by name Abdul Hameed. Defendant also admitted that his father had a house consisting of 06 rooms and a open yard. He has also stated that after death of his father, plaintiff and defendant and his another brother made arrangements between themselves for their family needs in respect of said property and same was reduced into writing. But it is denied that there was any partition nor they entered into any partition. It is contended that alleged memorandum of partition deed and exchange deed are illegal and not in accordance with the Mohammaden Personal Law. So, the same is not binding on the defendant. The original memorandum of partition is dated 25.06.1981. The alleged exchange deed and partition deed are not registered document. Further, it is contended that the alienation made by the plaintiff is not through any registered document and will not confer any title on the purchaser. The exchange deed was also prepared under the pressure of the plaintiff and not binding on the defendant. It is contended that defendant has no objection for plaintiff to reside in the suit property during her life time, but cannot claim any title over it. Only under the influence of her another brother Abd