SUPREME COURT OF INDIA
Bhagwan Das
Vs.
Girja Shanker
Decided on September 20, 2000
Partition Deed - Property Dispute - The court held that the partition deed was inadmissible in evidence for want of registration, leading to the dismissal of the appeal.
Fact of the Case:
The appellants claimed exclusive possession of the property, while the defendants argued for joint entitlement. The suit was decreed in favor of the appellants, but the High court set aside the judgment of the first appellate Court due to the inadmissibility of the partition deed.
Finding of the Court:
The court found that the partition deed was not admissible in evidence due to lack of registration, leading to the dismissal of the appeal.
Issues: Dispute over possession of property, admissibility of partition deed, appeal against the judgment of the first appellate Court.
Ratio Decidendi: The inadmissibility of the partition deed due to lack of registration influenced the court's decision to dismiss the appeal.
Final Decision: The appeal was dismissed, and no order as to costs was made.
( 1 ) THE appellants herein filed a suit claiming exclusive possession of the property in dispute. The case of defendants-respondents was that the plaintiffs and defendants both are jointly entitled to possession of said property. The suit was decreed. The defendants-respondents filed an appeal but the same was dismissed by the first Appellate Court. However, in the second appeal the High court set aside the judgment of the first appellate Court on the ground that Exhibit p. 2 being a partition deed was inadmissible in evidence for want of registration. It is against the said judgment, the appellants-plaintiffs are in appeal before us.
( 2 ) WE have looked into Exhibit P. 2 and on its perusal it appears that on 26. 7. 1958 initially there was an agreement of partition between the plaintiffs and defendants and thereafter, the same was reduced in writing before the panchas on the same date, i. e. on 26/7/1958. Exhibit P. 2. in fact, is a partition deed and under the law it required registration. Since the document Exhibit p. 2 was not registered, it was not admissible in evidence. We are, therefore, in agreement with the view taken by the high Court. Consequently, the appeal fails and is dismissed. There shall be no order as to costs.
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