A document that effects partition between the two real brothers by metes and bounds, creating and extinguishing rights in the property, is a deed of partition and requires registration.

( 1 ) SRI Satyadeo Lal, who is arrayed as respondent No. 3 in the writ petition filed, Suit No. 32 of 1985 in the court of the Civil Judge, Basti for partition of the disputed house and sehan inter alia on the ground that the plaintiff and the defendant are the real brothers, they have inherited the disputed property after the death of their father and purchased the land jointly shown by letters Vernacular matter Since there is a dispute between the two brothers regarding their shares, it has become necessary to get the property divided by metes and bounds. The suit was contested by Mangal Prasad, who filed a written statement and, inter alia, contended that the property has already been partitioned by metes and bounds in the year 1978 and a memo of partition has also been executed between the parties on 27-3-78. This alleged memo of partition embodying the factum of partition was filed on behalf of defendant Mangal Prasad in the suit. The plaintiff filed an application on 5-3-1986 saying that the said document which is alleged to be memo of partition is actually a deed of partition which is unregistered as well as insufficiently stamped, hence the document is liable to be impounded under O. 13 Rule 8 of the Code of Civil Procedure. The defendant Mangal Prasad objected to the said application and contended that the document is simply a memorandum of partition and not the partition deed and as such no stamp is required on the same nor the document required any registration. After hearing both the parties, the Addl. Civil Judge allowed the application of the plaintiff-respondent, vide his order, dated 20-12-1986 impounded the document and held that the document actually partitions the property between the two brothers, as such is a document of partition itself and requires registration.

( 2 ) AGGRIEVED by the said order, the defendant filed a revision. The revisional court upheld the order of the trial court and dismissed the revision by its order, dated 29-9-1988.

( 3 ) AGGRIEVED by the aforesaid orders the defendant has filed the present writ petition under Art. 226 of the Constitution of India.

( 4 ) THE only question involves for consideration in the present matter is as to whether the document dated 27-3-1978 filed by the defendant in the suit claiming to be a memo of partition is a document which records partition done at any earlier point of time or the document itself partitions the property amongst the two brothers, namely, the plaintiff and the defendant.

( 5 ) BEFORE setting out the contents of the document, it is necessary to mention that a true copy of the document was filed as Annexure l to the writ petition. In the copy, the document is titled with the words "copy of the Memorandum of Partition, Dated 27th of March 1978 between Mangal Prasad and Satya Deo Lal. " On notice being issued to respondent Satya Deo Lal, the respondents counsel has filed a certified copy of the said document which does not show that the document is titled as Memorandum of Document. The certified copy only shows copy of the original document, dated 27th of March, 1978. The words "memo of partition" noted in Annexure "1" which is alleged to be a true copy of the document, dated 27th of March, 1978 are missing in the certified copy of the document. The relevant extracts of the document as translated in English read as under :-"since between Mangal Prasad and Satya Deo Lal, son of Surya Narain Lal, resident of village Belwa Dandi, Tappa Deoral, pergana Basti east tahsil and district Basti, dispute in respect of house and connected matters often arise today on Monday the 27th of March, 1978, such dispute has again arisen. Relations having strained, both the parties have agreed that respectable persons may be called and the matter may he solved. Accordingly with their consent Sri Harish Chand Land son of Jeet Bahadur Lal, Ram Bharose Lal, son of Hazari Lal, Ayodhya Prasad, son of Hari Prasad Lal Krishna Chandra Lal alias Azad