SUBA SINGH Vs. MOHINDER SINGH AND OTHERS

JUDGEMENT

(1.) The parties to this litigation are brothers. On 30th March, 1972 Mohinder Singh filed a suit for joint possession of 1/3rd share of 99 kanals 8 marlas on the pleas that in the revenue records they were shown as joint owners but the defendants denied that position and asserted that they were in possession of separate Khasra numbers in their own right and were not joint owners. Hence this suit. The defendants contested the suit and pleaded that the land has already been partitioned and a document was executed on 1st August, 1965 in that behalf and, therefore, they were in separate possession and the land was not joint. Both the Courts below found that a reading of document mark 'A' dated 1st August, 1965 shows that partition was effected by this document and since it was unregistered, therefore, it could not be read in evidence. It was also found that even in the jamabandi Exhibit P -1 for the years 1966 -67, the land was described to be jointly owned by all the three brothers in equal shares and therefore, it has been concluded that the land was still joint and the suit of the plaintiff was decreed. This is second appeal by one of the defendants.

(2.) None has appeared for the appellant. Accordingly I perused the entire record and after hearing the learned counsel for the respondents, I find that there is no merit what -so -ever in this appeal.

(3.) The plaintiff's case was that document Mark 'A' was a deed of partition and thus was not admissible for want of registration. A reading of the document itself shows that it was a partition deed, and, therefore, the finding of the Court below that it required registration cannot be assailed.