BABU RAM Vs. BANARSI DASS AND ANOTHER

JUDGEMENT

(1.) Defendant-Babu Ram is in second appeal, aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby the suit for declaration that the parties have entered into private partition in respect of their joint holding, was decreed.

(2.) The parties are joint owners of the land measuring 124 kanals 3 marlas. During the partition proceedings before the revenue authorities, the parties entered into a settlement regarding private partition. The said settlement was reduced into writing and the possession was exchanged. Therefore, the plaintiff sought declaration regarding title of the respective shares in terms of the settlement arrived at.

(3.) The appellant denied settlement of private partition and alleged the same to be forged and fabricated document. The first Appellate Court, found that no evidence in respect of fraud or misrepresentation of the settlement deed, has been led and that since the parties have entered into private partition, such document does not require registration. It was also found that the private partition has been given effect to by the parties as the possession was also exchanged.