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2023 Supreme(Kar) 1134

K. NATARAJAN
Nanjappa – Appellant
Versus
Mahimakka – Respondent


Advocates appeared:
K.Bhanu Prasad, Advocate, Udaya Holla, Advocate, G.Pushpa Latha, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with references:

  1. The court clarified that unregistered documents affecting rights in immovable property are inadmissible as evidence, emphasizing the importance of registration for validity (!) (!) (!) .

  2. The properties in question are established as joint family (ancestral) properties, and the plaintiff, being a daughter of the first defendant, is entitled to a share in these properties (!) (!) .

  3. The plaintiff's claim for a 1/3rd share in the joint family properties was upheld by the trial court, which found that the properties belonged to the undivided family and that the relinquishment deed relied upon by the defendants was not admissible due to lack of registration (!) (!) .

  4. The court noted that the relinquishment deeds executed by the defendant's sisters, Doddaputtamma and Chikkaputtamma, were made in their own interest and waived their rights in favor of the first defendant, which precluded them from claiming any share later (!) .

  5. The earlier suit involving other claimants (Venkatesh and Muniraju) was dismissed, and their claims were not proven, reaffirming the plaintiff's entitlement to her share (!) .

  6. The appellate court affirmed the trial court's judgment, which granted the plaintiff a 1/6th share in the properties, dismissing the appeal of the defendants who argued for a lesser share based on the rights of the defendant's sisters and other claimants (!) (!) .

  7. The court rejected the defendants' contention that the plaintiff and other family members had relinquished their rights through unregistered documents, reaffirming the legal requirement for registration of such documents affecting immovable property (!) (!) (!) .

  8. The final decree and demarcation of the property by the court's commissioner supported the conclusion that the plaintiff was entitled to her share, and there was no merit in the appeal to disturb this order (!) (!) .

In summary, the court upheld the validity of the plaintiff's claim to a 1/6th share in the joint family properties, dismissed the defendants' arguments based on unregistered relinquishment deeds, and confirmed the legal principles regarding the necessity of registration for documents affecting immovable property.


JUDGMENT

1. This appeal is filed by the appellant under Sec. 96 of CPC for setting aside the judgment and decree passed by the Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.3029/2009 dtd. 18/3/2020 for having decreed the suit of the respondent by granting 1/6th share each, in the item Nos.1 and 2 of the schedule property of the plaint.

2. Heard the argument of learned counsel for appellants and learned senior counsel for the respondent.

3. The appellants were defendants and the respondent was the plaintiff before the Trial Court. The ranks of the parties are retained for the purpose of convenience.

4. The plaintiff filed the suit against the defendants for partition and separate possession of 1/6th share in the suit schedule property alleging that the plaintiff and defendant Nos.2 to 5 are the daughters and son of defendant No.1. The plaintiff and defendants constituted undivided joint family of the defendant No.1. The plaintiff married and defendant Nos.2 to 4 also was married, by performing the marriage out of joint family funds. The defendant No.5 is the only son and all are living together. There was partition held between the defendant No.1 and his brothers, in

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