Partnership property recital in a dissolution deed is admissible and can support partition without registration.

A recital in a partnership dissolution deed stating that immovable property is partnership property is admissible in evidence and does not require registration, because it does not itself create or transfer an interest in the property. Where surrounding circumstances and earlier dissolution documents show that the parties treated the asset as firm property, the court may rely on that recital to identify the plot as partnership property. On that basis, the claim for partition was sustainable and the suit was liable to be decreed in favour of the appellant.

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Issues: Whether the recital in the deed of dissolution that the disputed plot was partnership property was admissible in evidence and, if so, whether the unregistered document could support the claim for partition.

Analysis: The plot had been purchased in the respondent's name, but the surrounding circumstances and the three dissolution documents showed that both parties had treated it as property of the firm. A recital in a dissolution deed that property was partnership property did not itself operate as a transfer of interest in immovable property. Once the property was found to be partnership property, registration was not required. The earlier challenge to the genuineness of the documents had also failed, and there was no basis to ignore the recital in the later dissolution deed.

Conclusion: The recital was admissible, the plot was partnership property, and the suit for partition was liable to be decreed in favour of the appellant.

Ratio Decidendi: A recital in a dissolution deed acknowledging that immovable property is partnership property is admissible and does not require registration, because it does not itself create or transfer an interest in the property.

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