2010 Supreme(Raj) 1172
VINEET KOTHARI
Narendra Kumar – Appellant
Versus
Chaturbhuj Das Rikhabh Das – Respondent
Advocates:
For the Petitioner:V.K. Agarwal, Advocate.
For the Respondents:Sajjan Singh, Advocate.
JUDGMENT
1. - This writ petition is directed against the order dated 25.3.2008 whereby the learned trial Court in a suit filed for eviction against the defendants - tenants held that the agreement dated 4.5.1991 was a partition-deed which requires registration as per Section 17 of the Indian Registration Act and in absence of the same, the said document was not admissible in evidence and therefore, the plaintiff Narendra Kumar could not have right to maintain the suit in question.
2. The learned Counsel for the plaintiff - petitioner submits relying on the decision of Hon'ble Supreme Court in the case of Roshan Singh v. Zile Singh, reported in AIR 1988 SC 881 that the said family arrangement is merely a document regarding family arrangement between the members of the family and the same does not amount to partition and therefore, no registration of the said document was necessary in order to make it admissible in evidence. He further submits that question of title is not relevant in eviction matter under Rent Control Act and therefore, the learned trial Court has wrongly held that the suit cannot be maintained by the said Narendra Kumar.
3. Having heard the learned Counsels and in v
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