ROSHAN SINGH & ORS. versus ZILE SINGH & ORS.
Exh. P-12 is not an instrument of partition but a memorandum recording an arrangement reached by the parties; it merely contains a recital of past events and does not by its own force create or declare rights in the property. Registration was not required as no new interest was created, and the document is admissible for collateral purposes.
- Parties
- Appellant: Roshan Singh & Ors.; Respondent: Zile Singh & Ors.
- Jurisdiction
- India
- Judgment Date
- 24 February 1988
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From High Court of Delhi Decision in R.f.a. No. 16 of 1986
- Outcome
- Appeal dismissed
- Legal Topics
- Partition, Registration of Documents, Family Settlement, Admissibility of Evidence
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Roshan Singh & Ors.
Appellant
Zile Singh & Ors.
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court of Delhi Decision in R.f.a. No. 16 of 1986
Legal Issues
- 1 Whether Exh. P-12 is an instrument of partition requiring registration under Section 17(1)(b) of the Registration Act, 1908.
- 2 Whether Exh. P-12 is admissible in evidence despite being unregistered.
- 3 Whether Exh. P-12 records past events or effects partition.
Ratio Decidendi
Exh. P-12 is not an instrument of partition but a memorandum recording an arrangement reached by the parties; it merely contains a recital of past events and does not by its own force create or declare rights in the property. Registration was not required as no new interest was created, and the document is admissible for collateral purposes.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment