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IN THE HIGH COURT OF JUDICATURE AT PATNA
KHATIM REZA
Uma Pandey S/o late Mahendra Pandey – Appellant
Versus
Munna Pandey S/o Late Ravindra Pandey – Respondent
JUDGMENT :
Khatim Reza, J.
Heard Mr. Jitendra Prasad Singh, learned senior counsel assisted by Mr. Abhishek Kumar, learned counsel for the appellants and Mr. Shivnandan Prasad Singh, learned senior counsel assisted by Mr. Indu Bhushan, learned counsel for the respondents.
2. This Second Appeal has been preferred against the judgment and decree dated 14.07.2008 passed by the learned Additional District Judge-Ist, Gopalganj in Title Appeal No. 77 of 2005/06 of 2007 whereby the learned lower Appellate Court reversed the judgment and decree dated 12.07.2005 passed by the learned Sub-Judge-Vth, Gopalganj in Title (Partition) Suit No. 21 of 1993.
3. The appellants herein were the plaintiffs before the learned Trial Court and the respondents herein were defendants in the Partition Suit. The plaintiffs/appellants filed Title (Partition) Suit No. 21 of 1993 for partition of their half share in the property described in the schedules of the plaint.
4. In order to determine the matter in its correct perspective, it is necessary to briefly restate the case of the parties. The plaintiffs/appellants and the defendants/respondents are descendants of the common ancestor, namely, Ramkishun and are relat
An unregistered partition deed is inadmissible and requires registration to be binding, emphasizing the need for substantiation of partition claims.
Family settlements are binding and enforceable even if not registered; parties must challenge prior arrangements within limitation periods to maintain claims.
The court reaffirmed that for a valid partition among joint family properties, proper registration and absence of fraud are crucial, emphasizing joint possession and familial rights.
A family arrangement, if long-standing and accepted by all parties, is binding and cannot be easily contested, especially in partition disputes.
Rule 73 of Rules reads as duties of Registering Officer.
A Second Appeal lacks merit if it raises factual disputes already resolved by lower courts and does not present a substantial question of law.
Unregistered family partition deeds creating rights in praesenti require registration; exclusive possession by co-sharers does not confer ownership.
The court affirmed the plaintiffs' right to partition of joint family property, ruling that the defendants failed to prove prior partition, and emphasized the necessity of registration for partition ....
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