Registration of dissolution deed declaring immovable property rights required; unregistered instrument excluded and partition claim became time-barred.

A dissolution deed that declared the parties' rights in immovable property purchased from partnership assets was treated as an instrument creating or declaring rights, not a mere record of past facts, and therefore required registration under the Registration Act, 1908. Because the document was unregistered, it was inadmissible in evidence under Section 49. Once excluded, the properties were to be treated as partnership assets, and the partition claim was held to be time-barred.

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Issues: Whether Ex. A, embodying the terms of dissolution of the partnership and declaring the parties' rights in immovable properties, required registration and, if unregistered, was inadmissible in evidence.

Analysis: The writing recorded that the three persons who had constituted the partnership had equal rights in the immovable properties purchased out of partnership assets. It was not a mere recital of existing facts; it declared the rights of the parties from the date of dissolution and therefore fell within the class of instruments required to be registered under Section 17 of the Registration Act, 1908. As the document was not registered, Section 49 of the Registration Act, 1908 barred it from being received in evidence. Once Ex. A was excluded, the properties had to be treated as partnership assets, with the result that the suit for partition was out of time.

Conclusion: Ex. A required registration and, being unregistered, was inadmissible in evidence. The appellant succeeded.

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