CHIKKE GOWDA Vs. L GOVINDE GOWDA

JUDGEMENT

(1.) THIS revision is directed against the order dated 22. 1. 2000 passed by the learned Civil Judge (Jr. Divn), Holenarasipur, while the evidence was being recorded in O. S. No. 94/95.

(2.) THE respondent has filed a suit for partition against the petitioners. The respondent and the petitioner No. 1 are the brothers. While the evidence was being recorded the palapatti (Memorandum of partition) was sought to be marked on the defendante-petitioners side, the lower Court rejected on the ground that it require registration, as such it is inadmissible.

(3.) MR. S. V. Narayanamurthy, learned Counsel for the petitioner relies upon the decision in the case of SIROMANI vs HEMKUMAR and ORS where in it is stated as follows : "registration Act (1908), Section 17 (1) (b) Applicability- family properties and value of more than Rs. 100 by metes and bounds registration compulory - In absence of such registration it is inadmissible to prove title of any of the comparceners to any of the property -Such document is however, admissible to prove an intention of coparceners to become divided in status. AIR 1958 sc 706, Rel. on; Second Appeals Nos. 569 and 568/1960 D/-8-11-63 {madh pra) Reversed. "