SOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal arises from the order deciding dispute of apportionment of compensation under Section 30 of the Land Acquisition Act, 1894 (for short, the Act).

(2.) THE Collector vide his award dated 27.5.1982 awarded compensation for the two houses at Rs. 131,67.50 and Rs. 229,88.50 respectively. Dalip Singh and Gurnam Singh claimed compensation for the houses while Sohan Singh who is their brother also put forward his claim which was rejected by the Collector in view of memorandum of family partition Ex. RW1/A. At the instance of Sohan Singh, reference was made to the reference court and the reference court also rejected the same. Hence this appeal.

(3.) I have perused the family settlement. Learned counsel for the respondents submitted that the deed in question is merely a record of oral arrangement arrived at between the parties and the document read as a whole would show that the arrangement has been worked out between the parties orally through Panchayat and then recorded into writing. In Kale and others v. Deputy Director of Consolidation and others, AIR 1976 SC 807, it was held by the Apex Court that a family arrangement can be oral and it is only if terms of family settlement are reduced into writing, question of registration arises. A distinction has to be made between a document containing terms and recitals of an arrangement made under a document and a mere memorandum prepared after family arrangement has already been made either for record or for information of the court and in such a case, the memorandum does not create or extinguish any rights and is not registrable. In the present case, it cannot be held that document Ex. RW1/A is a partition deed and not a family settlement. Writing appears to have been prepared after family arrangement has been arrived at through Panchayat and the writing per se does not create or extinguish rights of the parties for the first time but records the arrangement already reached. For the above reasons, I do not find any merit in the appeal and the same is dismissed. Appeal dismissed.