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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
| Table of Content |
|---|
| 1. admission of appeal and questions of law (Para 1 , 2 , 3) |
| 2. disputed ownership and claims of partition (Para 4 , 5 , 6) |
| 3. arguments regarding admissibility of documents (Para 8 , 9) |
| 4. court's analysis of the document and its implications (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. estoppel and validity of family settlements (Para 22 , 23 , 24 , 25) |
| 6. limitation period and acknowledgment of prior settlements (Para 26 , 27) |
| 7. final dismissal of appeal and costs (Para 28 , 29) |
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
Family settlements are binding and enforceable even if not registered; parties must challenge prior arrangements within limitation periods to maintain claims.
Existence of an unregistered family arrangement deed does not confer partition rights absent proper registration and stamp duty where required by law.
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....
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