Summarize the following court judgment. CIVIL APPEAL No. 2185 of 1987. From the Judgment and Order dated 4th August 1986 of the High Court of Delhi in R.F.A. No. 16 of 1986. S.N. Kacker	 Awadh Behari and A.K. Sanghi for the Appellants. U.R. Lalit	 R.S. Hegde and K.R. Nagaraja for the Respondents. The Judgment of the Court was delivered by SEN	 J. This appeal by special leave by the defendants arises in a suit for a declaration and injunction brought by the plaintiffs and in the alternative for partition. They sought a declaration that they were the owners in possession of the portions of the property delineated by letters B2	 B3	 B4 and B5 in the plaint map which had been allotted to them in partition	 and in the alternative claimed partition and separate possession of their shares. The real tussel between the parties is to gain control over the plot in question marked B2 in the plaint map	 known as Buiyanwala gher. Admittedly	 it was not part of the ancestral property but formed part of the village abadi	 of which the parties were in unauthorised occupation. The only question is whether the plaintiffs were the owners in possession of the portion marked B2 as delineated in the plaint map. That depends on whether the document Exh. P 12 dated 3rd August	 1955 was an instrument of partition and therefore inadmissible for want of registration under section 49 of the Indian 	 or was merely a memorandum of family arrangement arrived at by the parties with a view to equalisation of their shares. The facts giving rise to this appeal are that the plaintiffs who are four brothers are the sons of Soonda. They and the defendants are the descendants of the common ancestor Chattar Singh who had two sons Jai Ram and Ram Lal. Soonda was the son of Ram Lal and died in 1966. Jai Ram in turn had two sons Puran Singh and Bhagwana. The latter died issueless in 1916 17. Puran Singh also died in the year 1972 and the defendants are his widow	 three sons and two daughters. It is not in dispute that the two branches of the family had joint ancestral properties	 both agricultural and residential in Village Nasirpur	 Delhi 1110 Cantonment. The agricultural land was partitioned between Puran Singh and Soonda in 1955 and the names of the respective parties were duly mutated in the revenue records. This was followed by a partition of their residential properties including the house	 gher/ghetwar etc. The factum of partition was embodied in the memorandum of partition Exh. P 12 dated 3rd August	 1955 and bears the thumb impressions and signatures of both Puran Singh and Soonda. In terms of this partition	 the ancestral residential house called rihaishi and the open space behind the same shown as portions marked A1 and A2 in the plaint map Exh. PW 25/1	 fell to the share of Puran Singh. Apart from this	 Puran Singh was also allotted gher shown as A3 in the plaint map admeasuring 795 square yards. Thus	 the total area falling to the share of Puran Singh came to 2417 square yards. The plaintiffs ' ancestor Soonda on his part got a smaller house called baithak used by the male members and visitors	 warked B1 in the plaint map having an area of 565 square yards. Apart from the house marked B1	 Soonda also got ghers marked B2 to B5	 demarcated in yellow in the plaint map and thus the total area got by Soonda also came to 2417 square yards. In terms of this partition	 the plaintiffs claim that the parties have remained in separate exclusive possession of their respective properties. However	 in February 1971 the plaintiffs wanted to raise construction over the gher marked B2 in the plaint map and started constructing a boundary wall. Defendants No. 1 3	 sons of Puran Singh	 however demolished the wall as a result of which proceedings under section 145 of the Code of Criminal Procedure	 1898 were drawn against both the parties about this property. The Sub Divisional Magistrate	 Delhi Cantt	 New Delhi by her order dated 26th April	 1972 declared that the second party	 namely Puran Singh	 father of defendants nons. 1 3	 was in actual possession of the disputed piece of land marked B2 on the date of the passing of the preliminary order and within two months next before such date and accordingly directed delivery of possession thereof to him until evicted in due course of law. On revision	 the Additional Sessions Judge	 Delhi by order dated 4th March	 1974 agreed with the conclusions arrived at by the learned Sub Divisional Magistrate. On further revision	 a learned Single Judge (M.R.A. Ansari	 J.) by his order dated 6th Agust	 1975 affirmed the findings reached by the Courts below on condition that while party No. 2 Puran Singh would remain in possession of the property in dispute	 he would not make any construction thereon. The plaintiffs were accordingly constrained to bring the suit for declaration and injunction and in the alternative	 for partition. 1111 After an elaborate discussion of the evidence adduced by the parties	 the learned Single Judge (D.R. Khanna	 J.) by his judgment dated April 18	 1980 came to the conclusion	 on facts	 that the plaintiffs were the owners in possession of the property marked as B1	 a smaller house known as baithak	 and the disputed plot B2	 and the properties	 marked as A1	 the ancestral residential house called rihaishi and A2	 the open space behind the same	 belonged to the defendants. Taking an overall view of the evidence of the parties in the light of the circumstances	 the learned Single Judge came to the conclusion that the gher marked B2 belonged to the plaintiffs and it had fallen to their share in the partition of 1955 and later confirmed in the settlement dated 31st January 1971. In coming to that conclusion	 he observed: "I have little hesitation that the portions marked A 1 and A 2 and B 1 and B 2 were ancestral residential houses of Ghers of the parties and Soonda and Puran had equal share in them. The residential house shown as A 1 and the open space behind that marked as A 2 were admittedly given to Puran in the partition of 1955. Similarly B 1 was allotted to Soonda. I am unable to hold that B 2 was also allotted to Puran. This would have been wholly unequitable and could not have by any stretch reflected the equal division of these joint properties. Puran in that case apart from getting the residential house for which he paid Rs.3	000 to Soonda would have also got far area in excess if defendants ' case that Gher B 2 also belongs to them is accepted. In any natural and equitable division of the properties	 that allotment of the residential house marked 'A ' and the open space behind the same to Puran	 Baithak B 1 and Gher No. 2 could have been naturally been given to Soonda. That it was actually done so	 gets clarified in the document exhibit P1 dated 31.1.1971 which was written in the presence of a number of villagers between Puran and Soonda. " The learned Judge went on to say that the document Exh. P 12 was executed by Puran Singh and Soonda in the presence of the villagers who attested the same	 and there was some sanctity attached to it. What is rather significant is that Puran Singh was required to pay Rs.3	000 as owelty money for equalisation of shares. Aggrieved	 the defendants preferred an appeal under cl. 10 of the Letters Patent. A Division Bench of the High Court (D.K. Kapur	 1112 CJ. and N.N. Goswamy	 J.) by its judgment dated 4th August	 1986 affirmed the reasoning and conclusion arrived at by the learned Single Judge and accordingly dismissed the appeal. Both the learned Single Judge as well as the Division Bench have construed the document Exh. P 12 to be a memorandum of family arrangement and not an instrument of partition requiring registration and therefore admissible in evidence under the proviso to section 49 of the Act	 and have referred to certain decisions of this Court in support of that conclusion. In support of the appeal	 Shri S.N.	 Kacker	 learned counsel for the appellants has mainly contended that the document Exh. P 12 is an instrument of partition and therefore required registration under section 17 of the Act. It is urged that the High Court has on a misconstruction of the terms wrongly construed it to be a memorandum of family arrangement and admissible for the collateral purpose of showing nature of possession under the proviso to section 49 of the Act. In substance	 the submission is that the document does not contain any recital of a prior	 completed partition but on its terms embodies a decision which is to be the sole repository of the right and title of the parties i.e. according to which partition by metes and bounds had to be effected. We regret	 we find it rather difficult to accept the contention. In order to deal with the point involved	 it is necessary to reproduce the terms of the document Exh. P 12 which read: "Today after discussions it has been mutually agreed and decided that house rihaishi (residential) and the area towards its west which is lying open i.e. the area on the back of rihaishi (residential) house has come to the share of Chaudhary Pooran Singh Jaildar. House Baithak has come to the share of Chaudhary Soonda. The shortage in area as compared to the house rihaishi and the open area referred to will be made good to Chaudhary Soonda from the filed and gitwar in the eastern side. Rest of the area of the field and gitwar will be half and half of each of co shares. The area towards west will be given to Chaudhary Pooran Singh and towards east will be given to Chaudhary Soonda. Since house rihaishi has come to the share of 1113 Chaudhary Pooran Singh therefore he will pay Rs.3000 to Chaudhary Soonda. A copy of this agreement has been given to each of the co shares. D/ 3.8. 1955 Sd/ in Hindi LTI Pooran Singh Zaildar Ch. Soonda. " According to the plain terms of the document Exh. P 12	 it is obvious that it was not an instrument of partition but merely a memorandum recording the decision arrived at between the parties as to the manner in which the partition was to be effected. The opening words of the document Exh. P 12 are: 'Today after discussion it has been mutually agreed and decided that . . '. What follows is a list of properties allotted to the respective parties. From these words	 it is quite obvious that the document Exh. P 12 contains the recital of past events and does not itself embody the expression of will necessary to effect the change in the legal relation contemplated. So also the Panch Faisala Exh. P 1 which confirmed the arrangement so arrived at	 opens with the words 'Today on 31.1.1971 the following persons assembled to effect a mutual compromise between Chaudhary Puran Singh and Chaudhary Zile Singh and unanimously decided that . . '. The purport and effect of the decision so arrived at is given thereafter. One of the terms agreed upon was that the gher marked B2 would remain in the share of Zile Singh	 representing the plaintiffs. It is well settled that while an instrument of partition which operates or is intended to operate as a declared volition constituting or severing ownership and causes a change of legal relation to the property divided amongst the parties to it	 requires registration under section 17(1)(b) of the Act	 a writing which merely recites that there has in time past been a partition	 is not a declaration of will	 but a mere statement of fact	 and it does not require registration. The essence of the matter is whether the deed is a part of the partition transaction or contains merely an incidental recital of a previously completed transaction. The use of the past tense does not necessarily indicate that it is merely a recital of a past transaction. It is equally well settled that a mere list of properties allotted at a partition is not an instrument of partition and does not require registration. 17(1)(b) lays down that a document for which registration is compulsory should	 by its own force	 operate or purport to operate to create or declare some 1114 right in immovable property. Therefore	 a mere recital of what has already taken place cannot be held to declare any right and there would be no necessity of registering such a document. Two propositions must therefore flow: (1) A partition may be effected orally; but if it is subsequently reduced into a form of a document and that document purports by itself to effect a division and embodies all the terms of bargain	 it will be necessary to register it. If it be not registered	 section 49 of the Act will prevent its being admitted in evidence. Secondary evidence of the factum of partition will not be admissible by reason of section 91 of the Evidence Act	 1872. (2) Partition lists which are mere records of a previously completed partition between the parties	 will be admitted in evidence even though they are unregistered	 to prove the fact of partition: See Mulla 's 	 8th edn.	 pp. 54 57. The tests for determining whether a document is an instrument of partition or a mere list of properties	 have been laid down in a long catena of decisions of the Privy Council	 this Court and the High Courts. The question was dealt with by Vivian Bose	 J. in Narayan Sakharam Patil vs Cooperative Central Bank	 Malkapur & Ors.	 ILR (1938) Nag. 604. Speaking for himself and Sir Gilbert Stone	 CJ. the learned Judge relied upon the decisions of the Privy Council in Bageshwari Charan Singh vs Jagarnath Kuari LR (1932) 59 IA 130 and Subramanian vs Lutchman LR (1923) 15 IA 77 and expressed as follows: "It can be accepted at once that mere lists of property do not form an instrument of partition and so would not require registration	 but what we have to determine here is whether these documents are mere lists or in themselves purport to 'create	 declare	 assign	 limit of extinguish . . any right	 title or interest ' in the property which is admittedly over Rs. 100 in value. The question is whether these lists merely contain the recital of past events or in themselves embody the expression of will necessary to effect the change in the legal relation contemplated." Sir Gilbert Stone	 CJ speaking for himself and Vivian Bose	 J. in Ganpat Gangaji Patil vs Namdeo Bhagwanji Patil & Ors.	 ILR reiterated the same principle. See also: order cases in Mulla 's at pp. 56 57. Even otherwise	 the document Exh. P 12 can be looked into under the proviso to section 49 which allows documents which would 1115 otherwise be excluded	 to be used as evidence of 'any collateral transaction not required to be effected by a registered instrument '. In Varada Pillai vs Jeevarathnammal	 LR (1919) 46 IA 285 the Judicial Committee of the Privy Council allowed an unregistered deed of gift which required registration	 to be used not to prove a gift 'because no legal title passed ' but to prove that the donee thereafter held in her own right. We find no reason why the same rule should not be made applicable to a case like the present. Partition	 unlike the sale or transfer which consists in its essence of a single act	 is a continuing state of facts. It does not require any formality	 and therefore if parties actually divide their estate and agree to hold in severalty	 there is an end of the matter. On its true construction	 the document Exh. P 12 as well as the subsequent confirmatory panch faisala Exh P 1 merely contain the recitals of a past event	 namely	 a decision arrived at between the parties as to the manner in which the parties would enjoy the distinct items of joint family property in severalty. What follows in Exh. P 12 is a mere list of properties allotted at a partition and it cannot be construed to be an instrument of partition and therefore did not require registration under section 17(1)(b) of the Act. That apart	 the document could always be looked into for the collateral purpose of proving the nature and character of possession of each item of property allotted to the members. The matter can be viewed from another angle. The true and intrinsic character of the memorandum Exh. P 12 as later confirmed by the panch faisla Exh P 1 was to record the settlement of family arrangement. The parties set up competing claims to the properties and there was an adjustment of the rights of the parties. By such an arrangement	 it was intended to set at rest competing claims amongst various members of the family to secure peace and amity. The compromise was on the footing that there was an antecedent title of the parties to the properties and the settlement acknowledged and defined title of each of the parties. The principle governing this was laid down by the Judicial Committee in Khunni Lal vs Gobind Krishna Narain & Anr.	 LR (1911) 38 IA 87. Ameer Ali	 J. delivering the judgment of the Privy Council quoted with approval the following passage from the judgment in Lalla Oudh Behari Lall vs Mewa Koonwar	 at p. 84: "The true character of the transaction appears to us to have 1116 been a settlement between the several members of the family of their disputes	 each one relinquishing all claim in respect of all property in dispute other than that falling to his share	 and recognizing the right of the others as they had previously asserted it to the portion allotted to them respectively. It was in this light	 rather than as conferring a new distinct title on each other	 that the parties themselves seem to have regarded the arrangement	 and we think that it is the duty of the Courts to uphold and give full effect to such an arragement. " This view was adopted by the Privy Council in subsequent decisions and the High Courts in India. To the same effect is the decision of this Court in Sahu Madho Das & Ors. vs Pandit Mukand Ram & Anr.	 ; The true principle that emerges can be stated thus: If the arrangement of compromise is one under which a person having an absolute title to the property transfers his title in some of the items thereof to the others	 the formalities prescribed by law have to be complied with	 since the transferees derive their respective title through the transferor. If	 on the other hand	 the parties set up competing titles and the differences are resolved by the compromise	 there is no question of one deriving title from the other	 and therefore the arrangement does not fall within the mischief of section 17 read with section 49 of the as no interest in property is created or declared by the document for the first time. As pointed out by this Court in Sahu Madho Das ' case	 it is assumed that the title had always resided in him or her so far as the property falling to his or her share is concerned and therefore no conveyance is necessary. In the present case	 admittedly there was a partition by metes and bounds of the agricultural lands effected in the year 1955 and the shares allotted to the two branches were separately mutated in the revenue records. There was thus a disruption of joint status. All that remained was the partition of the ancestral residential house called rihaishi	 the smaller house called baithak and ghers/ghetwars. The document Exh. P 12 does not effect a partition but merely records the nature of the arrangement arrived at as regards the division of the remaining property. A mere agreement to divide does not require registration. But if the writing itself effects a division	 it must be registered. See: Rajangam Ayyar vs Rajangam Ayyar	 LR (1923) 69 IA 123 and Nani Bai vs Gita Bai	 ; It is well settled that the document though unregistered can however be looked into for the limited purpose of establishing a severance in status	 though that 1117 severance would ultimately affect the nature of the possession held by the members of the separated family as co tenants. The document Exh. P 12 can be used for the limited and collateral purpose of showing that the subsequent division of the properties allotted was in pursuance of the original intention to divide. In any view	 the document Exh. P 12 was a mere list of properties allotted to the shares of the parties. In the result	 the appeal fails and is dismissed with costs. P.S.S. Appeal dismissed.

% The parties are decendants of a common ancestor	 who had two sons. These two branches of the family had joint properties	 both agricultural and residential. The agricultural land was partitioned in 1955 and the names of the respective parties were duly mutated in the revenue records. This was followed by a partition of their residential properties including the house	 ghers	 ghetwars etc. The factum of partition was embodied in the memorandum of partition Exh. B 12 dated August 3	 1955 and bears the thumb impressions and signatures of the heads of the families	 and later confirmed in the settlement dated January 31	 1971	 Exh. P 1 written in the presence of a number of villagers. A dispute arose between the parties in February	 1971 when the respondents were sought to be prevented by the appellants from raising a boundary wall to a plot of land that had fallen to their share. In proceedings under section 	 the Sub Divisional Magistrate held that the father of the appellants was in actual possession of the disputed piece of land. In revision the Sessions Judge agreed with the conclusion arrived at by the Magistrate. On further revision the High Court affirmed the findings reached by the courts below. In a suit for declaration brought by respondents a Single Judge of the High Court came to the conclusion that the disputed plot belonged to them and it had fallen to their share in the partition of 1955 and later confirmed in the settlement dated 31st January	 1971. He construed the document Exh. p 12 to be a memorandum of family arrangement and not an instrument of partition requiring registration and therefore admissible in evidence under the proviso to section 49 of the Act for a collateral purpose of showing nature of possession. In a Letters Patent appeal a Division Bench of the High Court affirmed the reasoning and 1107 conclusion arrived at by the Single Judge. In the appeal by special leave	 it was contended for the appellants that the document Exh. P 12 does not contain any recital of a prior	 completed partition but on its terms embodies a decision which is to be the sole repository of the right and title of the parties i.e. according to which partition by metes and bounds had to be effected. It	 therefore	 required registration under section 17 of the . Dismissing the appeal	 ^ HELD: 1. Partition	 unlike the sale or transfer which consists in its essence of a single act	 is a continuing state of facts. It does not require any formality	 and therefore if parties actually divide their estate and agree to hold in severalty	 there is an end of the matter. [1115B C] 2. If the arrangement of compromise is one under which a person having an absolute title to the property transfers his title in some of the items thereof to the others	 the formalities prescribed by law have to be complied with	 since the transferees derive their respective title through the transferor. If	 on the other hand	 the parties set up competing titles and the differences are resolved by the compromise	 there is no question of one deriving title from the other	 and therefore the arrangement does not fall within the mischief of section 17 read with section 49 of the as no interest in property is created or declared by the document for the first time. it is assumed that the title had always resided in him or her so far as the property falling to his or her share is concerned and therefore no conveyance is necessary. [1116C E] Sahu Madho Das & Ors. vs Pandit Mukand Ram & Anr.	 ; ; Khunni Lal vs Gobind Krishna Narain & Anr.	 LR (1911) 38 IA 87 and Lalla Oudh Behari Lall vs Mewa Koonwar	 at p. 84 refereed to. In the instant case	 admittedly there was a partition by metes and bounds of the agricultural lands effected in the year 1955 and the shares allotted to the two branches were separately mutated in the revenue records. There was thus a disruption of joint status. All that remained was the partition of the ancestral residential house called rihaishi	 the smaller house called baithak and ghers/ghetwars. The document Exh. P 12 does not effect a partition but merely records the nature of the arrangement arrived at as regards the division of the remaining property. The parties set out competing claims to the properties and there 1108 was an adjustment of the rights of the parties. The compromise was on the footing that there was an antecedent title of the parties to the properties and the settlement acknowledged and defined title of each of the parties. The opening words of the document are: 'Today after discussion it has been mutually agreed and decided that . ' what follows is a list of properties allotted to the respective parties. From these words it is quite obvious that the document contains the recital of the past events and does not itself embody the expression of will necessary to effect the change in the legal relation contemplated. It cannot	 therefore	 be construed to be an instrument of partition. [1116F G; 1114C D] Section 17(1)(b) of the lays down that a document for which registration is compulsory should	 by its own force	 operate or purport to operate to create or declare some rights in immovable property. Therefore	 a mere recital of what has already taken place could not be held to declare any right and there would be no necessity of registering such a document. [1113H; 1114A] Rajangam Ayyar vs Rajangam Ayyar	 LR (1923) 69 IA 123 and Nani Bai vs Gita Bai	 ; referred to. A document though unregistered can	 however	 be looked into under the proviso to section 49 of the Act which allows documents which would otherwise be excluded	 to be used as evidence of any collateral transaction not required to be effected by a registered instrument	 for the limited purpose of establishing a severance in status	 though that severance would ultimately affect the nature of the possession held by the members of the separated family as co tenants. The document Exh. P 12 can be used for the limited and collateral purpose of showing that the subsequent division of the properties allotted was in pursuance of the original intention to divide. [1116G H; 1117A] Varada Pillai vs Jeevarathnammal	 LR (1919) 46 IA 285 referred to. In any view	 the document Exh. P 12 is a mere list of properties allotted to the shares of the parties. It merely contains the recital of past events. It is	 therefore	 admissible in evidence. [1117B] Narayan Sakharam Patil vs Cooperative Central Bank	 Malkapur & Ors.	 ILR ; Bageshwari Charan Singh vs Jagarnath Kuari	 LR (1932) 59 IA 130; Subramanian vs Lutchman	 LR (1923) 15 IA 77; Ganpat Gangaji Patil vs Namdeo Bhagwanji Patil & Ors.	 ILR and Mulla 's 	 8th Edn. 54 57 referred to.