PADMA Vs. SOBHANA & OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) The decree of dismissal of the suit passed by two courts has been reversed in Second Appeal leading to the institution of the present appeal by the first defendant.

(3.) The suit in question was filed by the respondent No.1 herein (plaintiff No.2) for partition which was resisted by the appellant (first defendant) on the basis of a document executed by the respondent No.1 - second plaintiff (Exhibit B-1) in favour of the appellant herein and the first plaintiff whereby the second plaintiff (respondent No.1 herein) had acknowledged receipt of a sum of L 6,075/- as her share of the family property and further agreed that she will have no right in the remaining Schedule 'B' Property. The learned trial Court as well as the First Appellate Court held that in view of Exhibit B-1 the second plaintiff (respondent No.1 herein) had no right to the suit property and that the said document operated as an estoppel against the second plaintiff from claiming any share in the suit property. The learned courts below also held that Exhibit B-1 is a family partition and, therefore, did not require registration under the provisions of the Registration Act, 1908. Hence the suit was dismissed by the learned trial Court which decree was affirmed in the First Appeal.