Deeds and documents -- Deed of family partition - A document is to be interpreted not by its nomenclature but what is contained in the said document - Deed of family partition does not mean by nomenclature that it is a transaction in praesenti - Facts contained in deed itself shows that it is a memorandum of past transaction - Document held to be of past transaction which..........
Registration Act, 1908, Section 17 -- Family partition - Deed of past transaction - Does not require registration...........
Registration Act, 1908, Section 17, 49 -- Partition of joint family property - Deed insufficiently stamped and not registered - Document cannot be received in evidence - Factum of partition cannot be proved by oral evidence - Documentary evidence excludes oral evidence - Oral evidence is only corroborating of documentary evidence and cannot stand independently...........
DOCUMENT -- Nature - Document to be read as a whole - Recital that there was no partition of immovable property and that immovable properties are to be enjoyed in accordance with sharing of property as indicated in document itself - Held, document has to be taken as partition deed and not recital of terms of earlier partition...........
Specific Relief Act, 1963, Section 15, 22, 31 -- Agreement to sell - Specific performance - Agreement dated 5.12.1980 executed between parties - Another agreement dated 20.12.1981 executed between deceased/appellant No.1 with landowners - Held, that rights of appellants to seek specific performance of agreement u/s 15 of the Act flowing from agreement dated 5.12.1980 was..........
Suit for partition -- Revenue entries - Creation of right, title or interest - Held, that tenancy rights over agricultural land are heritable as well as transferable and transfer can be effected by registered sale deed - Mere revenue entries cannot create or extinguish any right, title or interest in the property unless these entries are based on lawful order passed by..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Suit challenging conveyance deed dismissed for default - Subsequent suit filed for partition - Held, transfer deed thus remained unchallenged - Transfer deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for partition...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Conveyance deed challenged - Suit dismissed for default - Subsequently suit for partition filed - Held, by abandoning the challenge to the conveyance deed and by his conduct accepted its existence and validity...........
Partition -- Conveyance deed challenged - Suit dismissed for default - Subsequent suit for partition filed - Held, by abandoning the challenge to the conveyance deed and by his conduct accepted its existence and validity - Conveyance deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for partition...........
Transfer of Property Act, 1882, Section 5 -- Partition - Unregistered partition deed - Not admissible to evidence to prove the factum of partition to defeat the rights of the plaintiff...........
