AIR 2008 (NOC) 2172 (KAR.) = 2008 (3) AIR KAR R 253 ::2008 (3) AIR Kant HCR 253 ::2008 (3) AIR Kar R 253 ::2008 A I H C 2449 ::(2008) 5 Kant LJ 485

Karnataka High Court

Hon'ble Judge(s): D. V. Shylendra Kumar , J

(A) Transfer Of Property Act (4 of 1882) S. 5 — Registration Act (16 of 1908), Ss 17, 19 — ‘Partition deed’ — Document described as ‘palu patti’ i e , a record of partition, cannot be construed as a partition deed -_ Requires no registration as it was not any transfer of inter se immovable property but it was division amongst members of family who all own properties — Document even if insufficiently stamped — Could still be received in evidence to prove collateral transactions (Para 29)

(B) Civil Procedure Code (5 of 1908) O. 41, R. 27— Document allowed to be brought on record as additional evidence — Effect of document on outcome of suit — Regd sale deed in respect of suit items permitted to be brought on record as additional evidence in suit for partition — Document is of vital significance for defendants in proving their case of earlier division in family — Ignoring such a piece of evidence clearly vitiates judgment and decree of lower appellate Court (Para 30,31)