VENKATASWAMY AND ORS. Vs. ANNEMMA

JUDGEMENT

(1.) The defendants have preferred these writ petitions challenging the order passed by the Trial Court regarding the admissibility of unregistered Panchayath partition deed dated 05.10.2008. It was held that the said document is inadmissible in evidence for want of stamp duty and for non-registration.

(2.) The plaintiff filed O.S. No. 4/2009 on the file of the Civil Judge (Sr. Dn.) at Devanahalli for a relief of partition and separate possession of her 1/4th share in all the plaint schedule properties. The plaintiff is the sister of the defendants. It is her case that they constituted an undivided Hindu Joint Family. The schedule properties are joint and ancestral properties of the plaintiff and defendants.

(3.) The defendants filed a written statement contesting the claim. They denied all the plaint allegations except the relationship of the parties. Their specific case is that on 05.10.2008, the defendants and plaintiff have entered into partition deed before the Panchayatdars and effected partition of the properties mutually. The plaintiff though not entitled to any share, on sympathetic grounds, she was given a portion of the land in Sy. No. 199/1 situated at Hunasemarenahalli, Jala Hobli, Bangalore North Taluk. The plaintiff accepted the same and is enjoying the said land. Therefore, it was contended that as all the properties are already partitioned under a deed, the suit for partition is maintainable.