unregistered family settlement is admissible in evidence

 It is required to be noted that the deed dated
23.04.1971, under which the suit property had gone /devolved in
favour of the Krishnappa, was reduced in writing before the
Panchayat and Panchas, and the same was signed by the village
people/panchayat people and all the members of the family
including even the plaintiff. Though the plaintiff disputed that
the partition was not reduced in writing in the form of document
Exhibit D4, on considering the entire evidence on record and
even the deposition of plaintiff (crossexamination),
he has
specifically admitted that the oral partition had taken place in the
year 1971. He has also admitted that he has got the share which
tellies with the document dated 23.04.1971 (Exhibit D4).
Execution of the document/ Partition Deed/ Palupatta dated
23.04.1971 has been established and proved by examining
different witnesses. The High Court has refused to look into the
said document and/or consider document dated 23.04.1971
(Exhibit D4) solely on the ground that it requires registration and
therefore as it is unregistered, the same cannot be looked into.
However, as observed by this Court in the case of Kale (Supra)
that such a family settlement, though not registered, would
operate as a complete estoppel against the parties to such a

family settlement. In the aforesaid decision, this Court
considered its earlier decision in the case of S. Shanmugam Pillai
and Others v. K. Shanmugam Pillai and Others (1973) 2 SCC 312
in which it was observed as under:
“13. Equitable, principles such as estoppel,
election, family settlement, etc. are not mere
technical rules of evidence. They have an
important purpose to serve in the administration
of justice. The ultimate aim of the law is to
secure justice. In the recent times in order to
render justice between the parties, courts have
been liberally relying on those principles. We
would hesitate to narrow down their scope.
As observed by this Court in T.V.R. Subbu
Chetty’s Family Charities case, that if a person
having full knowledge of his right as a possible
reversioner enters into a transaction which
settles his claim as well as the claim of the
opponents at the relevant time, he cannot be
permitted to go back on that agreement when
reversion actually falls open.”
9.5 As held by this Court in the case of Subraya M.N.
(Supra) even without registration a written document of family
settlement/family arrangement can be used as corroborative
evidence as explaining the arrangement made thereunder and
conduct of the parties. In the present case, as observed
hereinabove, even the plaintiff has also categorically admitted
that the oral partition had taken place on 23.04.1971 and he also

admitted that 3 to 4 punchayat people were also present.
However, according to him, the same was not reduced in writing.
Therefore, even accepting the case of plaintiff that there was an
oral partition on 23.04.1971, the document Exhibit D4 dated
23.04.1971, to which he is also the signatory and all other family
members are signatory, can be said to be a list of properties
partitioned. Everybody got right/share as per the oral
partition/partition. Therefore, the same even can be used as
corroborative evidence as explaining the arrangement made
thereunder and conduct of the parties. Therefore, in the facts
and circumstances of the case, the High Court has committed a
grave/manifest error in not looking into and/or not considering
the document Exhibit D4 dated 23.04.1971.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 784 OF 2010

Thulasidhara  Vs Narayanappa 

M.R. SHAH, J.
Dated:MAY 1, 2019.