The apex court is of the view that even if the family settlement is unregistered, it would operate as complete estoppel against the original plaintiff who was a party to such settlement.
The division bench comprising of Justice L. Nageshwar Rao and Justice MR Shah was considering an appeal in the case of Thulasidhara vs. Narayanappa against the appeal against the Kerela High Court judgment which held that the exhibit D4 styled as Palupatti requires registration and the same could not be looked into, reserving the finding of both the courts below that it does not require any registrations. The trial court and the first appellate court had dismissed the suit on the basis of this document.
Wherefore the HC has refused to look into the said document or consider document dated 23.04.1971 solely on the grounds that it is registered and therefore as it is unregistered, the same cannot be looked into. However, as observed by this court in the case of Kale that such a family settlement though not registered would operate as complete estoppel against the parties to such a family settlement.