VidhiSangh

Supreme Court of India · 06/11/2025

P. ANJANAPPA (D) BY LRS versus A.P. NANJUNDAPPA & ORS.

[2025] 11 S.C.R. 423 · 2025 INSC 1286

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Summary

In a Hindu family partition suit, the Court held that two registered release deeds executed for consideration by two sons (1956 and 1967) were valid and took effect at once without proof of being 'acted upon', and that an unregistered palupatti of 11.02.1972 was admissible for the collateral purpose of proving severance of joint status and later separate possession. The concurrent decrees were set aside and a fresh preliminary decree with re-computed shares was substituted.

Issues

  1. Whether the registered release deeds of 09.11.1956 (Ex.D-15) and 14.09.1967 (Ex.D-16) were valid and binding, and their effect on the shares of plaintiff no. 2 and defendant no. 3.
  2. Whether the unregistered palupatti of 11.02.1972 (Ex.D-17 with Ex.D-17(a)) could be relied on for collateral purposes to prove severance of joint status and the nature of later possession.
  3. What formed the partitionable estate and how shares were to be computed, including the treatment of Schedule B and item 17 of Schedule C jointly purchased with defendant no. 6.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment and the trial court's preliminary decree were set aside and a fresh preliminary decree substituted in the terms stated. The trial court is to draw the final decree by metes and bounds, apportion lease receipts for Schedule B and item 17 of Schedule C equally between defendants 5 and 6, and determine mesne profits for the partitionable pool. No order as to costs.

Judgment PDF: Supreme Court of India, [2025] 11 S.C.R. 423.