GHULAM JEELANI Vs. GHULAM SOFL

JUDGEMENT

(1.) This Revision is filed against the order passed in O.S.No.39/90 on the file of District Munsif, Zaheerabad.

(2.) The brief facts are as follows:- When DW-1 was being examined, two documents purported to be partition deeds dated 24-4-1961 and 27-5-1961 respectively, were sought to be marked. That was resisted by the plaintiff. The partition deed dated 24-4-1961 was engrossed on a stamp paper worth of Rs. 2/-. Defendants 6 and 7 are one party and defendants 1 to 3 and the plaintiff are the second party. The plaintiff and defendants 2 and 3 were minors. Therefore, the step mother of defendant No. 1 has represented mem in the said document. The stamp duty and penalty were collected on this document on 10-8-1994. There is an endorsement to that effect on the reverse of the document by the Sub-Registrar, Medak of Sangareddy. The question arose is whether that document is admissible in evidence because of non-registration. Partition deed dated 27-5-1961 is with the heading "Deed of Partition". This is unstamped and unregistered. This document was executed between defendant No. 6 and defendant No. 1. Defendant No. 1 represented her minor children i.e., plaintiff and defendants 2 and 3 in that document. This document has referred to the earlier document dated 24-4-1961. This document also shows that five brothers have divided the lands and residential house among themselves into five shares.

(3.) The learned Munsif, after going through the contents of these documents held that they are compulsorily registrable under Section 17(l)(b) of the Registration Act after coming to the conclusion that they have the effect of partition;