LAKHAN LAL GUPTA Vs. LAXMINARAYAN GUPTA

JUDGEMENT

(1.) ORDER dated 1.2.2012 passed by III Additional District Judge, Raisen in R.C.S No. 25 A/2011 is being assailed vide this petition under Article 227 of the Constitution of India.

(2.) BY impugned order the trial court dismissed an application under Section 17 (1) (b) of Registration Act, 1908 whereby the petitioners who are defendants in the suit for possession and for permanent injunction raising objection that the instrument dated 12.10.2005, a 'Batwaranama' be not admitted in evidence as the same is not duly stamped . Trial Court recording a finding that the Batwaranama in question being only a memorandum is not compulsorily not registered under section 17 (1) (b) of 1908 Act rejected the application. The document in question which is brought on record as Annexure P 2 is titled as Ikrarnama but in substance records partition of the house , agricultural land amongst the petitioner and respondents who are sons of Kodulal Gupta. In respect of house situated at main road it is recorded ...[VERNACULAR TEXT OMITTED]...

(3.) WHEN the document in question, an Ikrarnama reciting the partition amongst children of Kodulal Gupta is tested on the touch stone of law as laid down in Roshan Singh (supra) it leaves no iota of doubt that the instrument create , declare, assign, limit and extinguishes right , title , interest of respective members of the society.