Bhagwan Das and Others vs Girja Shanker and Another

V.N. Khare and S.N. Variava, JJ.—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 arc in appeal before us.

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.