P. Anjanappa (D) BY LRs Vs A.P. Nanjundappa & Ors. (Supreme Court of India)
Unregistered “Palupatti” Can Prove Family Separation – SC Restores Validity of Partition & Release Deeds; Registered Release Deeds Operate Immediately – No Need to Prove “Acted Upon”: Supreme Court Clarifies; Family Partition Confirmed Despite Lack of Registration – SC Upholds Severance by Conduct & Revenue Records
This Civil Appeal arose from a Karnataka High Court judgment (30.08.2005) affirming the decree of the Trial Court (19.08.1994) in a partition suit between descendants of one Pillappa. The appellant Anjanappa (Defendant No.5) challenged the concurrent findings decreeing partition of the family properties among several heirs.
Factual Background
The plaintiffs (A.P. Nanjundappa & others) sought partition of ancestral and jointly held properties –
Schedule “A”: ancestral lands,
Schedule “B”: lands purchased jointly by Defendant No.5 and Defendant No.6, and
Schedule “C”: movables including lease rentals.
Defendant No.5 contended that:
- There were registered release deeds (1956 & 1967) executed by two brothers, thus they had relinquished rights;
- A family partition (Palupatti) occurred on 11.02.1972 between him and Plaintiff No.1; and
- Schedule “B” was his self-acquisition, Defendant No.6 being a name-lender.
The Trial Court & High Court both rejected these defences, holding that the palupatti was unregistered and could not be relied on; and that the release deeds were not “acted upon.”
