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5. Appellants herein belonging to the branches of Shivalingappa-(III) represented by defendant Nos. 1 to 5 and Maheswarappa, i.e., defendant Nos. 6 & 7 contested the suit and filed the written statements. Defendant Nos. 1 to 5, the appellants herein, pleaded that the partition of the properties had already been effected of the Joint Hindu Family properties under the partition deed dated 15.11.1916. It was averred that there was a partition of properties in the family of Nanjappa recorded on 15.6.1916 between the two branches of Kariyappa and Dyamappa as represented by Shivalingappa-(I) and Nanjappa sons of Kariyappa on the one hand and Mahadevappa representing the branch of Dyamappa on the other hand. The Joint Family properties were located in villages Arasinagatta and Kabbala. Shivalingappa(II)'s branch got the properties at Kabbala and the other two branches shared the properties at Arasinagatta. Shivalingappa's branch shifted to Kabbala Village which is at a distance of about 10 kilometers from Arasinagatta. Nanjappa's and Dyamappa's families continued to live at village Arasinagatta.
6. Trial court by its judgment and decree dated 22.9.1979 dismissed the suit and accepted the case of the defendants-appellants, to the effect that there was a partition in the year 1916 and as such the plaintiffs-respondents were not entitled to seek division of the properties.
7. The regular appeal, RA No. 22 of 1989, filed before the Court of Additional District Judge, Shimoga by the plaintiffs-respondents was dismissed on 12.8.1992. The first appellate court rejected the appeal, inter alia on the findings that: there was a prior partition in the joint family of Nanjappa amongst the three branches of Shivalingappa-(II), Rangappa and Mahadevappa, The document of 1916 itself shows that there was already a division of properties and severance of status in the joint family of the three branches. Partition amongst Hindus can be oral but if the partition is recorded by instrument in writing it is required to be registered under Section 17(1)(b) of the Indian Registration Act though unregistered document could be relied upon to establish the severance of status in the joint family. That the oral and documentary evidence on record established separate possession and enjoyment of the properties that had fallen to the shares of three branches by their respective owners. That Rangappa and Mahadevappa had divided the original house which had fallen to their shares at Arasinagatta and were living in the two portions separately. Similarly in respect of the agricultural lands also the branches of Mahadevappa and Rangappa were cultivating equal portions by paying Kandayam (taxes) separately. The Appellate Court also found, on a detailed examination of the evidence that the parties to the suit, namely, the plaintiffs as well as the branches of defendants had purchased and disposed of several properties independently. That the parties had been paying assessment separately and the Khata entries also indicated that the properties stood in their names separately. The compensation amount received for acquisition of lands had been distributed amongst the two branches, i.e., plaintiff and defendant Nos. 6 & 7.

13. In Nani Bai v. Gita Bai Kom Rama Gunge , it has been held by this Court that though partition amongst the Hindus may be effected orally but if the parties reduce it in writing to a formal document which is intended to be evidence of partition, it. would have the effect of declaring the exclusive title of the coparcener to whom a particular property was allotted in partition and thus the document would be required to be compulsorily registered under Section 17(1)(b) of the Registration Act. However, if the document did not evidence any partition by metes and bounds, it would be outside the purview of Section 17(1)(b) of the Indian Registration Act. This decision was followed in Shiromani and Ors. v. Hem Kumar and Ors., and Roshan Singh v. Zile Singh, AIR 1988 SC 881. In Sk. Sattar Sk. Mohd. Choudhari v. Gundappa Amabadas Bukate, , after analysing the judgments, referred to above, this Court observed:

"Partition, specially among the coparceners, would be a "Transfer" for purposes of Registration Act 1908 or not has been considered in Nani Bai v. Gita Bai Kom Rama Gunge and it has been held that though a partition may be effected orally, if the parties reduce the transaction to a formal document which was intended to be evidence of partition, it would have the effect of declaring the exclusive title of the coparcener to whom a particular property was allotted (by partition) and thus the document would all within the mischief of Section 17(1)(b) of the Registration Act under which the document is compulsorily registerable. If, however, that document did not evidence any partition by metes and bounds, it would be outside the purview of that section. This decision has since been followed in Siromani v. Hemkumar and Roshan Singh v. Zile singh, (AIR 1988 SC 881)."