Madhya Pradesh High Court
Smt. Shyamvati Bai vs Chatra Singh on 14 March, 2023
Author: Vivek Agarwal
IN THE HIGH COURT OF MADHYA PRADESH
AT J A B A L P U R
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 14th OF MARCH, 2023
MISC. PETITION No. 6131 of 2022
BETWEEN:-
SMT. SHYAMVATI BAI W/O LATE SHRI
PYARE SINGH RATHORE, AGED ABOUT
75 YEARS, VILLAGE KHIRSARI POST
1.
OFFICE CHANTA DISTRICT DINDORI
(MADHYA PRADESH)
BHOLA SINGH S/O LATE SHRI PYARE
SINGH, AGED ABOUT 55 YEARS, R/O
2. WARD NO. 12, OLD DINDORI, TEHSIL
AND DISTRICT (MADHYA PRADESH)
NIHAL SINGH S/O LATE SHRI PYARE
SINGH, AGED ABOUT 50 YEARS, R/O
3. WARD NO. 12, OLD DINDORI, TEHSIL
AND DISTRICT (MADHYA PRADESH)
MAHENDRA SINGH S/O LATE SHRI
PYARE SINGH, AGED ABOUT 48 YEARS,
R/O VILLAGE KHIRSARI POST OFFICE
4.
CHANTA DISTRICT DINDORI (MADHYA
PRADESH)
SEHDEV SINGH S/O LATE SHRI PYARE
SINGH, AGED ABOUT 45 YEARS, R/O
5. VILLAGE KHIRSARI POST OFFICE
CHANTA DISTRICT DINDORI (MADHYA
PRADESH)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:12 IST
2
NAKUL SINGH S/O LATE SHRI PYARE
SINGH, AGED ABOUT 40 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
6.
CHANTA DISTRICT DINDORI (MADHYA
PRADESH)
MUNNA ALIAS VIJENDRA S/O LATE
SHRI GAPPU ALIAS GANESH RATHORE,
AGED ABOUT 45 YEARS, R/O VILLAGE
7. KHIRSARI POST OFFICE CHANTA
DISTRICT DINDORI (MADHYA
PRADESH)
SMT. DAYAWATI BAI W/O LATE SHRI
GAPPU ALIAS GANESH RATHORE,
AGED ABOUT 65 YEARS, R/O VILLAGE
8. KHIRSARI POST OFFICE CHANTA
DISTRICT DINDORI (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI ABHISHEK SINGH - ADVOCATE)
AND
CHATRA SINGH S/O LATE SHRI DUALAL
RATHORE, AGED ABOUT 58 YEARS,
VILLAGE KHIRSARI POST OFFICE
1.
CHANTA POLICE STATION DINDORI
TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:12 IST
3
SMT. KUSUM BAI W/O CHATRA SINGH
RATHORE, AGED ABOUT 55 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
2.
CHANTA DISTRICT DINDORI (MADHYA
PRADESH)
CHIINTAMANI S/O LATE SHRI DUALAL
RATHORE, AGED ABOUT 50 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
3. CHANTA POLICE STATION DINDORI,
TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
SMT. JAMOTRI BAI W/O CHINTAMANI
RATHORE, AGED ABOUT 45 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
4. CHANTA POLICE STATION DINDORI,
TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
SMT. SAVITRI BAI W/O RAJKUMAR
RATHORE, AGED ABOUT 55 YEARS, R/O
5. VILLAGE SARHARI TEHSIL AND
DISTRICT DINDORI (MADHYA PRADESH)
KARAN SINGH S/O LATE SHRI BHONDU
SINGH ALIAS MAANSINGH RATHORE,
AGED ABOUT 55 YEARS, R/O VILLAGE
6. KHIRSARI POST OFFICE CHANTA
POLICE STATION DINDORI, TEHSIL AND
DISTRICT DINDORI (MADHYA PRADESH)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:12 IST
4
SMT. MUNNI BAI W/O LATE SHRI KALLU
SINGH RATHORE, AGED ABOUT 55
YEARS, R/O VILLAGE KHIRSARI POST
7. OFFICE CHANTA POLICE STATION
DINDORI, TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
PAWAN KUMAR S/O LATE SHRI KALLU
SINGH RATHORE, AGED ABOUT 32
YEARS, R/O VILLAGE KHIRSARI POST
8. OFFICE CHANTA POLICE STATION
DINDORI, TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
RAMU ALIAS RAMKUMAR S/O LATE
SHRI KALLU SINGH RATHORE, AGED
ABOUT 28 YEARS, R/O VILLAGE
KHIRSARI POST OFFICE CHANTA
9.
POLICE STATION DINDORI, TEHSIL AND
DISTRICT DINDORI (MADHYA
PRADESH)
SMT. JAYANTI BAI D/O LATE SHRI
KALLU SINGH RATHORE, AGED ABOUT
30 YEARS, R/O VILLAGE MADIARAS
10. POST OFFICE MADIARAS TEHSIL AND
DISTRICT DINDORI (MADHYA
PRADESH)
GEET SINGH S/O LATE SHRI BHONDU
SINGH ALIAS MAAN SINGH RATHORE,
AGED ABOUT 52 YEARS, R/O VILLAGE
11. KHIRSARI POST OFFICE CHANTA
POLICE STATION DINDORI, TEHSIL
AND DISTRICT DINDORI (MADHYA
PRADESH)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:12 IST
5
NIRMAL SINGH S/O LATE SHRI
BHONDU SINGH ALIAS MAAN SINGH
RATHORE, AGED ABOUT 46 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
12.
CHANTA POLICE STATION DINDORI,
TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
JAY SINGH S/O LATE SHRI BHONDU
SINGH ALIAS MAAN SINGH RATHORE,
AGED ABOUT 40 YEARS, R/O VILLAGE
KHIRSARI POST OFFICE CHANTA
13.
POLICE STATION DINDORI, TEHSIL
AND DISTRICT DINDORI (MADHYA
PRADESH)
SMT. RADHA BAI W/O SHIKHAR
CHAND RATHORE, AGED ABOUT 52
YEARS, R/O VILLAGE CHATUA, POST
14. OFFICE CHANTA POLICE STATION
DINDORI, TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
SMT. JANKI BAI W/O BUDDHU
RATHORE, AGED ABOUT 42 YEARS, R/O
VILLAGE KUKARMATH POST OFFICE
15.
KUKARMATH TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
STATE OF MADHYA PRADESH,
THROUGH COLLECTOR, DINDORI
16.
DISTRICT DINDORI (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI ASHOK JAIN - ADVOCATE)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:12 IST
______________________________________________
Reserved on : 16.01.2023
Delivered on : 14.03.2023
__________________________________________________________________
This miscellaneous petition coming on for
admission this day, the court passed the following:
ORDER
This Miscellaneous Petition is filed by the plaintiffs
being aggrieved of order dated 01.11.2022 passed in
RCSA No.32A/2015 by learned Second Civil Judge,
SeniorDivision, Dindori whereby objection raised by the
plaintiffs as to the admissibility of the Batwaranama on the
ground that it is not registered and, therefore, in terms of
the Section 17 of the Registration Act is not admissible in
evidence has been rejected. Placing reliance on the
judgment of Supreme Court in K.K. Puri (deceased)
represented by Lrs. Vs. Smt. Krishna Puri and Others,
without mentioning the complete citation, learned Trial
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:12 IST
Judge has rejected the application.
2. It has held that where any right is relinquished and
no new right is created or extinguished then non-
registration of document would be of no consequence.
3. Law laid down by the Punjab and Haryana High
Court in K.K. Puri (deceased) represented by Lrs. Vs.
Smt. Krishna Puri and Others, AIR 2008 P&H 23 is to
the effect that a relinquished document only conveying
intention of the members of family to relinquish their
rights in favour of their mother, it is not a document which
by itself extinguishes or creates any rights and, therefore,
non-registration of the document would be of no
consequence. It has placed reliance on the judgment of
Supreme Court in Kale Vs. Deputy Director of
Consolidation, AIR 976 SC 807 wherein it is held that it
is well settled that registration would be necessary only if
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:12 IST
the terms of the family arrangement are reduced into
writing. Here also, a distinction should be made between a
document containing the terms and recitals of a family
arrangement made under the document and a mere
memorandum prepared after the family arrangement had
already been made either for the purpose of the record or
for information of the court, for making necessary
mutation. In such a case the memorandum itself does not
create or extinguish any rights in immovable properties
and therefore does not fall within the mischief of section
17(2) (sic) (section 17(1)(b)?) of the Registration Act and
is, therefore, not compulsorily registrable.
4. Thus, in the present case what is to be examined is
that whether the document contained in Annexure P-3 is
only for the purpose of mutation of Doalal or it creates or
extinguishes any right.
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:12 IST
5. In the present case, apparently, said document being
only for the purpose of recording name of Doalal s/o
Anant Ram in the revenue records, and it does not create
or extinguish any rights in the immovable properties,
impugned order passed by the learned trial Court cannot
be faulted with in the supervisory jurisdiction of this
Court, petition fails and is hereby dismissed.
(VIVEK AGARWAL)
JUDGE
Tabish
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:12 IST
