Registration Act, 1908, Section 17 -- Un-registered partition deed - Cannot be looked into evidence for want of registration...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so, plaintiff also failed to..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped partition deed - Admissibility - Unregistered partition deed can be admitted in evidence for collateral purpose and document in question can be marked subject to payment of stamp duty and penalty. Paras 7 & 8)..........
Partition -- Partial partition - Parties consciously omitted to include residential property along with agricultural properties in partition deed of 1976 - Later on parties orally divided residential properties - Father released his 1/3rd share in residential property in favour of defendant - it will be improper to presume that father expressed relinquishment of his right..........
Partition suit -- Foundation of claim of plaintiff is the partition deed through which ancestral properties fell to share of her father - Plaintiffs thus, not permitted to contend that they are not bound by said partition deed - Father of plaintiff settled his share of properties allotted to him in said partition deed in favour of his grandson/defendant No.2 - No evidence..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea that suit property was conveyed as dowry and that it is without consideration - Plaintiff produced original sale deed from his possession, partition deed and mortgage deed and its discharge slip which was executed by defendant in favour of son of plaintiff - Intention of parties to convey title of property is..........
Partition -- Issue regarding use of tubewell - Deed of partition does not make a provision for tubewell and its electric connection - Same would therefore, continue to be joint, particularly when there is no evidence led to prove that plaintiff has another source of irrigation apart from said tubewell - No interference warranted in said concurrent findings of Courts below...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of plaintiff that they purchased suit property from original owner but name of legal heir of original owner is wrongly mutated in revenue record - Remark column of revenue record shows that legal heir of original owner sold suit property to defendants - Plaintiff filed suit belatedly after partition..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding whether parties are co-owners/co-sharers or not is decided against plaintiffs in previous suit for permanent injunction - In previous judgment as well as in present litigation, there is proceedings for partition of property before competent authority and Court recorded finding in previous judgment..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of document - Maintainability - Suit for partition and separate possession - Plaintiffs filed suit claiming suit property as ancestral - It is their bounden duty to prove the same by adducing oral and documentary evidence - Admittedly, in present case trial has not begun - Therefore, no need to direct plaintiffs to..........
