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Issues Involved:
1. Admissibility of the document dated 16th February 1944. 2. Applicability of the doctrine of part performance under Section 53A of the Transfer of Property Act to partition arrangements. Issue-wise Detailed Analysis: 1. Admissibility of the Document Dated 16th February 1944: The primary contention raised was whether the document dated 16th February 1944, which recorded a partition arrangement, was admissible in evidence. The defendant argued that the document was merely a record of a completed oral partition and thus did not require registration. However, this contention was neither raised in the pleadings nor argued before the Subordinate Judge. The document detailed the nature of disputes, settlement through mediators, and specific properties allotted to each party, including covenants of mutual indemnity. The document contained a recital that the parties had taken possession of the properties as per the settlement and agreed not to raise disputes in the future. Despite a provision for executing a formal document later, the court held that the document created an interest in prasenti and required registration under Sections 17 and 49 of the Registration Act. As it was not registered, it was deemed inadmissible in evidence. 2. Applicability of the Doctrine of Part Performance Under Section 53A of the Transfer of Property Act to Partition Arrangements: The second issue was whether the doctrine of part performance under Section 53A of the Transfer of Property Act applied to partition arrangements. Section 53A protects a transferee who has taken possession in part performance of a contract, even if the contract is not registered. The court examined whether a partition could be considered a "transfer for consideration" under this section. The court reviewed various precedents and judicial opinions on whether partition constitutes a transfer. Some judgments, like Gyannessa v. Mobarakannessa and Satyakumar Banerjee v. Satyakripal, held that partition is not a transfer but a transformation of joint property into separate estates. Other cases, such as Rasa Goundan v. Arunachala Goundan, considered partition as a transfer involving the exchange of rights among co-owners. Ultimately, the court concluded that partition is not a transfer within the meaning of Section 53A. It reasoned that partition is a process where joint enjoyment is converted into enjoyment in severalty, with each co-owner having an antecedent title. Therefore, no conveyance of a new title occurs, and the doctrine of part performance does not apply. This interpretation avoids complications and anomalies in the application of Section 53A, ensuring consistent legal treatment of partition arrangements. Conclusion: The appeal was dismissed with costs, affirming the Subordinate Judge's preliminary decree for partition and holding that the document dated 16th February 1944 was inadmissible in evidence due to lack of registration. Additionally, the doctrine of part performance under Section 53A of the Transfer of Property Act was deemed inapplicable to partition arrangements.
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