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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Mahadev, S/o. Ghasiram – Appellant
Versus
Sonau Ram, S/o. Dharmu – Respondent
JUDGMENT :
RAVINDRA KUMAR AGRAWAL, J.
1. This Second Appeal under Section 100 of Code of Civil Procedure, 1908 has been filed by the plaintiffs against the impugned judgment and decree dated 28.07.2012 passed by the Additional District Judge, Sakti District Janjgir Champa in Civil Appeal No.4-A/2008 whereby the First Appeal filed by plaintiffs No.2 to 4 have been dismissed and the judgment and decree dated 12.03.2008 passed by Civil Judge Class-I Link Court, Jaijaipur, District Janjgir Champa in Civil Suit No.20-A/2007 has been affirmed.
2. For the sake of convenience, the status of the parties shown in Civil Suit are being taken in the present Second Appeal.
3. On 12.11.2021 the appeal was admitted for hearing by the court on the following substantial questions of law :
“1. Whether the courts below has recorded a perverse finding by treating Ex.D/2 as deed of partition dated 07.06.1982 in place of deed of exchange?
2. Whether the court below was justified in recording a finding that suit is barred by limitation?”
4. The plaintiffs filed a civil suit before the trial court for declaration of title over their 1/4th share and separate possession of the suit property total 2.25 Acre of land
Family settlements are binding and enforceable even if not registered; parties must challenge prior arrangements within limitation periods to maintain claims.
An unregistered partition deed is inadmissible and requires registration to be binding, emphasizing the need for substantiation of partition claims.
A document creating a future division of property does not require registration and is admissible; previous partition must be proven by clear evidence to validate a sale deed executed beyond lawful s....
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
Family property - family settlement must be a bona fide one in order to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various member....
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