IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Naresh Chouhan S/o Late Adalat Chouhan – Appellant
Versus
Ganesh Chouhan S/o Late Adalat Chouhan – Respondent
JUDGMENT :
PARTH PRATEEM SAHU, J.
1. Since both these appeals arise out of a common judgment and decree dated 28.07.2017 passed in Civil Suit No. 6757-A/2013, by learned Fourth Additional District Judge, Durg, they are heard together and are being decided by this common judgment.
2. For the sake of convenience, the parties will be referred to according to their respective status before the Trial Court.
3. First Appeal No.403 of 2017 is filed by defendant No.1 to 3 challenging the finding recorded by the learned trial Court, whereby learned trial Court decreed the suit in favour of the plaintiff to the effect that plaintiff is entitled for rent to the extent of 1/4 share of plot No.3 and 4, situated at Village Supela, Nehru Road and rent of seven shops situated on Plot No.A-6 situated at Akashganga Industrial Area.
4. First Appeal No. 483/2017 is filed by plaintiff challenging the judgment and decree on the ground of dismissing the claim of plaintiff for receipt of arrears of rent of Rs.1,04,000/-.
5. Facts relevant for disposal of this appeal are that plaintiff filed a civil suit seeking relief of declaration that defendants No.1 to 3 are bound to give share of 1/4 of rent received from
Roshan Singh & Ors. Vs. Zile Singh & Ors.
Sita Ram Bhama Vs. Ramvatar Bhama
Kale & Ors. Vs. Deputy Director of Consolidation & Ors.
Narendra Kante Vs. Anuradha Kante & Ors.
Thulasidhara & Anr. Vs. Narayanppa & Others
Ishwar Das Matani Vs. State of M.P. & Ors.
Jagdish Prasad Patel vs. Shivnath
Sanjay Kumar Singh vs. State of Jharkhand
Haryana State Industrial Development Corporation vs. Cork Manufacturing Co.
Unregistered family arrangements can be enforceable if acted upon by the parties, despite mandatory registration requirements for certain documents.
The main legal point established in the judgment is the requirement for compulsory registration of documents that create or extinguish title in joint property, as well as the principles of family set....
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
The main legal point established in the judgment is the requirement for compulsory registration of family settlement documents under Section 17(1)(b) of the Registration Act, 1908, and the inadmissib....
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....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.