A family arrangement is a bona fide settlement between family members to resolve disputes and rival claims by a fair and equitable division or allotment of properties.

( 1 ) MR. Bachawat had raised two questions viz. (i) whether without the pleadings and without any issue being framed and without any evidence being led a new case of family arrangement could be made out by the Court on the basis of a letter of complaint (Ext-J) by the admitted owner against the alleged tenant-licensee being the son of the owner governed under Dayabhaga School of Hindu Law; and (ii) whether Ext-J could create or extinguish any right in favour of such son in respect of property, which is, admittedly, valued more than Rs. 100/- in view of section 17 (1) (b) of the Registration Act and could Ext-J be read to contradict the contents of a registered document (Ext-1) having regard to section 91 of the Evidence Act.

( 2 ) MR. Sanyal had replied that Ext-J was not a document creating or extinguishing right in immovable property worth above Rs. 100/- but an evidence to the creation of a family arrangement, between members of the family in order to avoid misunderstanding and troubles between themselves and for buying peace, which can very well be made orally in the form of a licence irrevocable without creating any new case not pleaded having regard to the evidence already on record and decided on the basis of the issues framed with regard to which parties had understood each others' case and went to trial in a case of an old Hindu joint family where the sons are treated as part of the family having right to reside in the ancestral home.

( 3 ) IN elaborating their respective submissions, the learned counsel had drawn our attention to the various materials available on record and had elaborated those points through various other submissions, to which we would be making reference at appropriate stages.

( 4 ) ADMITTEDLY, the plaintiff, the father Radheshyam Seal, had instituted the suit for eviction of his son, the defendant Subal, on the ground of his misdemeanour alleged in the plaint claiming him to be a licensee in respect of the portion of the house allowed to be occupied by him on condition of good behaviour, since revoked on account of his misdemeanour. Admittedly, Radheshyam had created a trust in respect of the suit property and appointed himself and his wife as trustees with right to appoint further trustees or make such further declarations by the trustees. This document was executed on 1st September, 1937 (Ext-A ). On 28th September, 1956, a further document (Ext-I) was executed by Radheshyam as trustee in which Subal was disentitled from the right title interest of or as a beneficiary under the trust while appointing his other two sons as beneficiaries thereof. Admittedly, there are allegations of misdemeanour of and ill treatment by Subal not only against the parents but also against his brothers as well as other members of the family being his nephew through his sister. Admittedly, several complaints were made by Radheshyam against Subal not only to the Police Authority (Ext-R, T, U and V) but also to the employer of Subal, namely, Ext-J and L. In Ext-J, a complaint made by Radheshyam against Subal to the employer of the latter, the misdemeanour of and ill treatment by Subal finds mentioned by Radheshyam. It is also pointed out in Ext-J that in order to buy-peace, Radheshyam had shifted Subal from the first floor of the premises to the back portion of the premises, which is exclusive from the other parts of the premises, but even then it did not prevent Subal from misbehaving with his parents for which Radheshyam complained time and again. This Ext-J was written in 1961. Ultimately, the suit for eviction was filed in 1962.

( 5 ) WE have found from the pleadings that there was no suggestion or even evidence given in respect of the alleged ground of creation of family arrangement to support the finding of the learned Trial Court. There was no pleading at all. The deed (Ext-A) was executed on 1st September, 1937 (p-268 ). Admittedly, Radheshyam and his wife the beneficiaries, were the truste