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A. BADHARUDEEN
Sandhyavu, S/o. George – Appellant
Versus
Peter, S/o. George – Respondent
This Regular Second Appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure ('C.P.C.' hereinafter) challenging the decree and judgment in A.S.No.5 of 2019, dated 21.12.2019 on the files of the Court of the II Additional Sub Judge, Ernakulam arose from decree and judgment in O.S.No.353 of 2012 dated 12.10.2017 on the files of the Munsiff Court, Kochi. The appellant is the defendant and the respondent is the plaintiff in the above suit.
2. Heard the learned counsel for the appellant as well as the learned senior counsel appearing for the respondent. Perused the relevant materials and the verdicts under challenge.
3. Parties in this appeal shall be referred as “plaintiff” and “defendant” with reference to their status before the trial court.
4. In this matter, the plaintiff filed the suit for recovery of possession as well as injunction. According to the plaintiff, the father of the plaintiff and the defendant, by name George Areeparambil owned 10 cents of land on the strength of a Sale Deed No.1181/1984 of S.R.O, Kochi. Out of the same, 3 cents forming its eastern portion was settled in favour of the plaintiff as per the Settlement Deed No.168
The main legal point established in the judgment is that for an oral family arrangement or settlement, there should be sufficient pleadings and convincing evidence. The court emphasized the necessity....
An unregistered document that creates or extinguishes rights in immovable property for the first time requires mandatory registration. If such a document is the sole basis of a suit and lacks registr....
Existence of an unregistered family arrangement deed does not confer partition rights absent proper registration and stamp duty where required by law.
Easement rights can be established through long-term use, and clarity in the property description is crucial for maintaining a claim regarding ancestral properties under civil 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....
A family settlement must be voluntary, with all parties having antecedent claims, and if based on fraud, coercion, or lacking registration, is inadmissible, impacting ownership rights claimed.
The court upheld findings based on revenue records and family settlements, and dismissed the writ petitions.
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
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