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2001 Supreme(Raj) 419

BHAGABATI PRASAD BANERJEE
Ganpat Mal Dhariwal – Appellant
Versus
Sukhraj – Respondent


Advocates Appeared:
S.M. Bhansali, for Appellant M.L. Kala, for Respondents

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The suit involved a claim for partition of an ancestral property, which included both immovable and movable assets, with the plaintiff asserting a one-third share based on inheritance rights (!) .

  2. The defendant contested the claim by asserting that the plaintiff had relinquished his rights through a deed of relinquishment (Ex.A1) and that the defendant had also acquired rights through adverse possession (!) .

  3. The trial court framed multiple issues, including the admissibility of the relinquishment deed, the rights of the parties, adverse possession, and whether the suit was barred by time (!) .

  4. The trial court found that the relinquishment deed (Ex.A1) was neither properly stamped nor registered, rendering it inadmissible in evidence. However, the court permitted it to be examined for collateral purposes, specifically to understand the nature of possession (!) (!) .

  5. The court held that unregistered documents cannot be admitted in evidence even for collateral purposes, and that the document’s use for recognizing rights was beyond its permissible scope. This approach was deemed legally incorrect, as Section 49 of the Registration Act and Section 91 of the Evidence Act prohibit such documents from being used to prove rights or terms of agreements affecting immovable property (!) (!) .

  6. The court emphasized that the document was improperly used to determine the rights of the parties, which exceeded the limited scope of collateral purpose. As a result, the findings based on this document were considered unsustainable, leading to the conclusion that the entire judgment was vitiated and needed to be set aside (!) (!) .

  7. The appellate court highlighted that once a document is admitted into evidence, it should be read and used accordingly, and that inadmissible documents cannot be used to establish legal rights or facts. The improper admission of the relinquishment deed was a significant error warranting remand for re-evaluation of issues excluding the inadmissible document (!) (!) .

  8. The judgment and decree of the trial court were accordingly set aside, and the matter was remanded for a fresh decision, with instructions to exclude the improperly admitted document from consideration (!) .

  9. The legal principles reaffirmed include that unregistered documents affecting immovable property are inadmissible in evidence for establishing rights, and that such documents cannot be used even for collateral purposes. The proper legal approach requires strict adherence to registration and stamping requirements (!) (!) .

  10. The case underscores the importance of proper procedural compliance in the admissibility of documents and the limits of collateral use, emphasizing that inadmissible documents cannot form the basis of legal findings or judgments.


Honble PRASAD, J.–This appeal arises out of the decision of the learned District Judge, Jodhpur dated 20.4.83 passed in Civil Original Case NO. 37/1975 whereby the learned District Judge dismissed the suit and refused to grant the decree in favour of the plaintiff-appellant for partition.

(2). The case of the plaintiff-appellant in the suit was that there is an ancestral house belonging to their deceased father Chandanmalji. The mother has also died. The plaintiff has a share in the ancestral house and the movable property. The appellant- plaintiff claimed that he has one third share because there are three brothers, each one is entitled to have his share in the movable and immovable property.

(3). The defendants contested the suit and said that the appellant has relinquished his title by Ex.A1 and they further came with the case that they have acquired right in the property by adverse possession.

(4). From the aforesaid pleadings of the parties, the following issues were framed by the learned trial court:-

1. Whether the plaintiff has no share in the movable and immovable properties, described in paras 2,3 and 4 of the plaint and has relinquished his rights, as detailed in para 3 of t


























































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