DEVILAL Vs. SMT. DEVSIR BAI & ANR.

JUDGEMENT

(1.) SECOND appeal heard finally. By this second appeal under Section 100 of the Civil Procedure Code, 1908 appellant has challenged the legality and propriety of the judgement and decree dated 13/3/93 passed by 5th Additional Judge to the Court of District Judge, Raipur in Civil Appeal no. 19 -A/91 reversing the judgement and decree dated 25/6/91 passed by Second Civil Judge Class - 2 Raipur in Civil Suit no. 31 -A/87.

(2.) PRESENT second appeal has been admitted for consideration on the following substantial questions of law: - WHETHER the Court below have erred in holding that the document (Ex. P -1) required registration? Whether in view of the document (Ex. P -l) having been admitted by the parties, the Court below could have required to recognize the same merely because it was not acted upon in revenue papers?

(3.) AS per pleading of the parties, appellant and respondents are brother and sister. Originally, property shown in Schedule -A and B was held by father of appellant and respondents Gangoo Dheemar. Partition took place between appellant and respondent No. 2 on or before 1967 relating to aforesaid property. Document was executed as Ex. P -l in the year 1984. Respondent No. 1 has filed suit for partition in separate possession of her share. Respondent no. 1 is not entitled for any share on the property owned and possessed by appellant and respondent No. 2, she may entitle for her share in the property left by her father Gangoo Dheemar. On the aforesaid grounds, suit for declaration of title over the property and injunction for partition was filed on behalf of the appellant and respondent nos. 1 and 2. They have filed separate written statement and have denied the allegations made in the plaint. After providing an opportunity of hearing to the parties, learned Second Civil Judge, Class - 2, Raipur dismissed the suit which was challenged before the Lower Appellate Court and by judgement and decree impugned, appeal was also dismissed.