PRADEEP NEHRA Vs. MAHENDRA PRATAP SINGH

JUDGEMENT

(1.) By way of instant writ petition, the petitioners have invoked writ jurisdiction of this Court under Article 226/227 of the Constitution of India seeking following relief(s):

(2.) Brief facts of the case are that plaintiff-respondent No.1, Mahendra Pratap, filed a civil suit seeking declaration, dispossession, and permanent injunction against the defendants concerning a plot of land allegedly allotted by the Gram Panchayat Biharipura on 28/3/1960. The land in question is part of an aabadi area near the Panchayat Bhawan. It is claimed that Biharipura Panchayat was later merged into the Municipal Board, Bhadra in 1972. The plaintiff is the youngest son of one Choudhary Dhannaram, a resident of the area, who allegedly partitioned his properties among his sons through a family memorandum of partition dtd. 21/5/1971. After his death in 1972, the disputed plot (measuring 60 ft. x 90 ft.) allegedly came into the plaintiff's share.

(3.) Learned counsel for the petitioners submits that the document in question dtd. 21/5/1971 apparently shows that it is not a family settlement but is a document indicating partition of the property between the family members. He further submits that the document which is indicating partition of property is neither stamped nor registered and thus is clearly inadmissible in evidence. He further submits that perusal of the document reflects that it has been written in Bahi with the witnesses and thus it amounts to being a partition deed and in the absence of the same being not duly registered and properly stamped, it is inadmissible in evidence.