HIGH COURT OF CHHATTiSGARH AT BiLASPUR FIRST APPEAL N0. 131 OF 200S 1. Siiau Ram, S/o Lats & 21 Satnarrii, aged 55 years, 2. Bala Ram, S/o Late Padum Ss aged 54 years, Both R/o VilSage Bilha, Tahsi! Dlstt. Biiaspur (C.G.) •LASNTiFFSI sifna. 1. Son Bai, W/o Santosh Satnami, aged 39 ysars, 2. Sonu, S/o Nand Lai Satnami, aged 35 years, 3. Mohan, S/o Nand Lal Satnami. agea 33 years, 4. Sagar, S/o Nand Lai Satnami, aged 31 years, 5. SanSoshi Bai, D/o Nand LaS Satnamj, aged 29 yesrs, All R/b Vsljage Mahmand (La! Khadan), Tahsi! & Distt. Biiaspur K.I p K ineiu fv DEFENDANT N0.3 8. State of Chhattisgarh, Through She Coilector, Bilaspur. FERST APPEAL UhSDER SECTiOM 9S OF CiViL PROCEDURE (Sjnaie Benc!lL_Hon_'bie_Mr._^.K. Aaarwal. J.t :Shri Ravindra Agrawal, counsei for ihe appeiiants. - Shri Somnath Verma, counss! atons w'th Ms. counse! for respondent No.1 to 5. Shri Sameer Behar, P.L. fbrthe State. ORAL JUDGMENT I: ISS^VS.f [ This is flrst appeal fiied undsr Section 96 of C.P.C. fijed by defendants No.'i & 2 against ths judgment and decree dated K;.'i B 11 B TiapCTWa i»-r t 24-02-2009 passed by Second Additional Disfrict Judge, Bilaspur in CivilSuitNo.lO-A/2007. 2. The facts in brief stateci are as under: Respondents No. 1 to 5 have filed Civii Suit seeking relief for declaration, partition, separate possession and permanent injunction regarding, the suit property i.e. land bearing Khasra No.249, area 2.94 acre and Khasra No.245/4, area 0.84 acre totai 3.78 acre situated at Viiiage Bilha, P.H. No.6, Tahsi! Biiha, Distt. Bilaspur against the appeilants. 3. According to piaintiffs' case, the suit property is joint famiiy property, stands recorded in revenue records in the name of Mangtin sai as weli as defendants No. 1 & 2. Said Mangtin Bai has died on 23-02-2006. The property was partitioned between the defendants by the TahsEldar behind back of Mangtin Bai on the strength of unregistered reiinquishment deed (D-3), despite denial of its execution and objection raised by Mangtin Bai in this regard, the said order was confirmed bythe CoSlector. 4. According to ptaintiffs, they belng iegal representatives of the deceased Mangtin Bai ar®entitled 1/3 share in the suit property. The ciaim was resisted by the defendants. 5. Learned Trial Court on appreciation of evidence led, material placed and submissions made, a!lowed the plaintiffs' suit holding Ex. ,D-3, alleged relinquishment deed as unregistered also as forged and fabricated. 6. Learned counset for the appellants v/ou!d contend that aithough the sald document is unregistered but the learned Court below-has erred In allowing the plaintiffs' suithoiding relinquishment deed (Ex. D- 3) as forged and fabricated. 8. • On the other hand, learned' counsel for the pSaintiffs/respondents No. 1 to 5 wouid contend that the iearned Court below has oassed the decree which is based on aDDreciation of evidence and correct interpretation of legal provislons and deserves to beajpheld. ,————--' lEr;3L 9. I have heard tearned counsel for the parties, perused She Judgment and decree impugned and record ofthe Court below. 10. The question falls for consideration in the instant appeal is whether based on unreglstered relinquishment deed, the plaintiffs can be deprived of their share in the suit property. 11. Undisputedly, the Tahsiidar has passed the order based on alleged relinquishment deed Ex. D-3 despite objection raised by Mangtin Bai. 12. In order to appreciate the rwa! contentions of the tearned counsel for the parties, it would be appropriate to refer the provision contained in Section 17(1){b) and Section 49 of the Registration Act, 1S08 (for short 'the Act') which reads thus: "17. Documents of which registration is compulsorv.- f1) The followins documents shait be registered, if the property to which they reiate is situate m a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the indian Registration Act, 1877, or this Act came or comes into force, nameiy:- (a) .......................... (b) other non-testamentary instruments which purport or operate to create, . deciare, assign, timit or extinguish, whether in present or in future, any right, tit!e or interest, whether vested or contingent, ofthe value of one hundred rupees and^ upwards, to or jn immovable property." "49. Effect of non-registratton of documents required to be registered." No documenf required by section 17 [or by any provision of the Trgnsfer of property Act, 1882 (4 of 1882)], to be registered shai!- (a) affect any immovable comprised thersin, or Eirf ^ -^n- (b) confer any power to adopt, or (c) be received as evidence of transaction affecting such property or conferring such power, unless it has been registered. FProvided that an unregistered document affecting immovabie property and required by this Act or the Transfer of Property Act, 1882 {4 of 1882), to bs registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief act, 1877 (3 of 1877), [***] or as evidence of any coilaterai transaction not required to be effected by registered instrument.] 13. A bare perusa! of Section 17(1)(b) of the Act would reveal that other non-testamentary instruments which purport or operate to create, deciare, assign, limit or extlnguteh, whether in present or In future, any right, titie or interest, whether vested or contingent, of the value of one hundred rupees and upwards, is required to be registered. As per section 49 of fhe Act no document required by Section 17 to be registered, shall affect any immovable property comprised therein or receive as evidence affecting such property. 14. !n view of above clear and unambiguous statutory provision, it cannot be said that the learned Tria! Court has erred in decreeing the plaintiffs' suit. 15. No other points have been raised by the leamed counse! for the appeSSants. 16. For the foregoing, the appeal to be and is hereby dismissed. KWS. being_devold of.substance is iiable Sd/- N.K.Agarwal Judge 1"~\