NILKANTH BHIMAJI SINDE Vs. HANMANT EKNATH SINDE

JUDGEMENT

(1.) The pedigree of the parties in this suit is Met out at page 7. The property in suit originally belonged to two brothers, Bhimaji and Jiwaji who were separate, although this particular property had not been divided by metes and bounds.

(2.) It is admitted that Jiwaji is branch has an eight annas share in the suit property. Nilkanth, one of the sons of Bhimaji, claims to be entitled to the other half against his brothers, alleging that at a partition between the sons of Bhimaji the half share in the plaint lands was given to his share. It appears that the family had property not only in British India, but also in Kolhapur. An arbitrator was appointed for partition of the family property. He issued an award partitioning the property in Kolhapur, but there is no record as to whether a partition was made of the property in British India. In 1900 the four brothers signed receipts in which they acknowledged having accepted certain portions detailed in the respective receipts of the family property. The plaintiff in 1915 filed this suit against the children of his brothers to obtain his half share in the suit property. He also joined the sons of Jiwaji.

(3.) The trial Court declared that he was the owner of a half share in the plaint property. In appeal this decree was set aside on the ground that "these receipts constitute an instrument of partition and in so far as they relate to the property in British India, they required registration, and therefore not being registered, they are inadmissible in evidence."