Partition deeds that contain a connection with the past and do not create, declare, extinguish or limit nor assign any right, title or interest in or to the immovable property comprised in the document do not require compulsory registration under Section 17 of the Indian Registration Act, 1908.

Neutral Citation No. : 2023:PHHC:156551

RSA-2375-2018 (O&M)

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

109

RSA-2375-2018 (O&M)

Decided on : 06.12.2023

Chand Singh alias Harchand Singh

. . . Appellant(s)

Versus

Basant Kaur and others

. . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: Mr. Ravish Bansal, Advocate

for the appellant(s).

****

SANJAY VASHISTH

, J. (Oral)

1.

Present Regular Second Appeal (RSA) has been filed by

plaintiff – Chand Singh @ Harchand Singh (appellant herein), against the

concurrent finding of dismissal of suit filed by him.

2.

Sole plaintiff filed a suit for declaration against total 23

defendants (respondents herein), to the effect that mutation No.6808 of

village Madhir regarding partition and Rapat Roznamcha No.290, dated

21.12.2010 of village Madhir in respect of partition of khewat No.21, total

Kittas 80 (381-11) of village Madhir, Tehsil Gidderbaha, as per the

Jamabandi for the year 2005-06, is illegal, null & void, and is ineffective

qua the rights of plaintiff.

Plea of permanent injunction from interfering into or

dispossessing the plaintiff from the land measuring 47 Kanals – 17 Marlas,

situated within the area of village Madhir, Tehsil Gidderbaha, Distt. Sri

Muktsar Sahib, was also sought.

3.

Broadly, plaintiff pleaded that he never surrendered the

possession of the suit land nor has ever been evicted by any Court of law.

JAWALA RAM

2023.12.08 18:02

I attest to the accuracy and

integrity of this document

Neutral Citation No. : 2023:PHHC:156551

RSA-2375-2018 (O&M)

- 2 -

Defendants are pleaded to be rich and influential persons, who in connivance

with the revenue authorities, succeeded in recording the impugned rapat

roznamcha, and mutations. In fact, in the month of December 2010,

Nachattar Singh, who is related as nephew of the plaintiff, came to him and

suggested that there is proposal for amending the turn of water as per the

policy of the Government of Punjab, and for that purpose, his thumb

impressions are required. Having fiduciary relations with Nachattar Singh,

plaintiff affixed his thumb impressions on some papers and a book in good

faith without knowing the nature of the same.

4.

In the written statement filed by some of the defendants, stand

taken by the plaintiff was denied and opposed. Further, it was pleaded that

plaintiff and other co-sharers effected partition of the said total khewat on

20.11.2010, and a ruqa yadasht and taksim khangi was reduced into writing.

The said writing was read-over to all the co-sharers including the plaintiff

and defendants, and thereupon, was admitted to be correct and

signatures/thumb impressions were affixed. On the basis of ruqa yadasht,

rapat roznamcha at Sr. No.290, dated 21.12.2010, was recorded with the

Patwari Halqa of village Madhir. Subsequently, said rapat entry in the rapat

roznamcha regarding partition was sanctioned by the Assistant Collector-II,

Gidderbaha on 31.12.2010, in the presence of all the co-sharers including the

plaintiff and defendants.

5.

After framing of issues and leading of the evidence by the

parties, Ld. Trial Court examined each and every aspect, and in its

paragraphs No.20 & 21 of the judgment, observed that while appearing in

the witness-box as PW1, plaintiff – Chand Singh himself admitted that he

signed the roznamcha in the presence of Patwari. PW2 – Chhinder Pal Kaur,

JAWALA RAM

2023.12.08 18:02

I attest to the accuracy and

integrity of this document

Neutral Citation No. : 2023:PHHC:156551

RSA-2375-2018 (O&M)

- 3 -

while appearing in the witness-box deposed that her husband was not

healthy, but admitted that he is not mentally ill.

On the other hand, defendants examined Mewa Singh, Patwari

as DW1, who proved the rapat roznamcha as Ex.DW1/A and copy of

mutation as Ex.DW1/B. Former Patwari Surinder Singh, was also examined

as DW2, who had entered the rapat No.290