AIR 2008 KARNATAKA 151 ::2008 A I H C 2786

Karnataka High Court

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

(A) Transfer of Property Act (4 of 1882) , S.5— Evidence Act (1 of 1872) , S.17, S.18— Factum of partition - Proof - Mere separate living is no proof of partition in joint family properties - Admission that plaintiff is living separately should be of precise fact - A statement that plaintiff was residing in a separate house does not necessarily mean to say or necessarily lead to only interference of the family having been partitioned - Statement that plaintiff was living in a separate house - Cannot be construed as an admission, for holding that it proves the factum of partition. (Para 29) (B) Transfer of Property Act (4 of 1882) , S.5— Registration Act (16 of 1908) , S.17, S.49— Evidence Act (1 of 1872) , S.61— Karnataka Stamp Act (34 of 1957) , S.34— Partition deed - Admissibility - Document recording earlier partition deed i.e. pain patti - Though does not attract provisions of Registration Act - Is not admissible for want of sufficient stamp duty u/S.34 of Karnataka Stamp Act - Statutory provisions excludes admissibility of document and also affects transfer of interest under document - Such an embargo cannot be got over by leading oral evidence to contrary - Under provisions of evidence Act, documentary evidence excludes oral evidence - Document having not been sought to be sustained ....