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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Mohan Lal Jain (Died Through Lrs) – Appellant
Versus
Tejkaran Jain S/o Late Kunwar Lal Jain – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 3 , 4) |
| 2. defendant's contentions regarding the family arrangement (Para 5 , 6 , 8) |
| 3. trial court's findings on issues (Para 13 , 14) |
| 4. arguments of the appellant and respondents (Para 16 , 17) |
| 5. court's analysis and reasoning (Para 18 , 19) |
| 6. legal requirements for family settlements (Para 20 , 21 , 23 , 24) |
| 7. final conclusion of the court's ruling (Para 26 , 27) |
JUDGMENT :
Narendra Kumar Vyas, J.
1. This is plaintiffs’ second appeal filed under Section 100 of Civil Procedure Code, 1908 against the judgment and decree dated 23.11.2016 passed by the learned Additional District Judge, District Raipur (C.G.) in Civil Appeal No. 2A/2011 by which the appeal has been dismissed against the judgment and decree dated 11.10.2010 passed by the learned 16th Civil Judge, Class-II, Raipur (C.G.) in Civil Suit No. 30A/2009 dismissing the suit filed by the plaintiffs.
2. The parties have been described as per their description before the trial Court in Civil Suit No. 30A/2009.
3. The second appeal has been admitted by this Court on 01.07.2025 on the following substantial question of law:-
“Whether both the Courts below were justified in dismiss
A family settlement intended to transfer property rights must be registered; otherwise, it is inadmissible as evidence.
Existence of an unregistered family arrangement deed does not confer partition rights absent proper registration and stamp duty where required by law.
The main legal point established in the judgment is the admissibility and validity of a Family Settlement Deed, emphasizing that it does not require registration if it does not create or extinguish a....
Family settlements may not require registration if agreed upon previously, as affirmed by established legal principles.
Point of law : Family property - Settlement - Admission - Statement made in the earlier plaint constitutes an admission under Order XII Rule 6 CPC. Thus, the Plaintiffs would be bound by the said adm....
Point of law: Family property – Settlement – Admission - Statement made in the earlier plaint constitutes an admission under Order XII Rule 6 CPC. Thus, the Plaintiffs would be bound by the said admi....
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