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1995 DIGILAW 1021 (SC)

Allagadda Chandrasekhar v. Rachamalla Narasimha Reddy

1995-09-06

M.M.PUNCHHI, SUJATA V.MANOHAR

body1995
JUDGMENT : 1. Leave granted. 2. The appellant has produced before us a copy of the document in question which is a list of properties, which fall to the respective three share-holders. This list of properties, bare facedly, can in no way be termed as a memorandum of partition, past or present. This is merely a memorandum to keep identified the properties which fell to the shares of the three respective owners. It presupposes an earlier understanding on the basis of which the list was drawn. The list, not being a document which would require registration, could not have been objected to from being admitted into evidence by the trial court. The High Court also erroneously declined to interfere in revision because the said list, as it said before, was not a deed of partition recording present or past. The appeal, therefore, is allowed and the judgment and order of the High Court as also the trial court are set aside directing the trial court to admit the list in evidence and proceed with the trial in accordance with law. No costs.