RAJARAM Vs. BHAIYALAL AND OTHERS

JUDGEMENT

(1.) With consent of learned counsel for the parties, the matter is finally heard.

(2.) Correctness of order dated 12/03/2015 passed in Civil Suit No. 62A/2013 is called in question whereby the Trial Court declined to admit family Arrangement dated 17/12/1989 filed by petitioner/plaintiff being not registered under section 17 (1) (b) of the Registration Act, 1908.

(3.) The suit at the instance of the petitioner/plaintiff is for declaration of title, partition and permanent. Plaintiff sought leave of the Court to prove the partition deed in question which were being objected that since it records the partition in metes and bounds is compulsorily registrable and being not registered cannot be admitted in evidence.