1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging concurrent findings of fact recorded by both the Courts below holding that the consent decree dated 18-1-1995 (Annexure P-15) suffered by the plaintiff-appellant Smt. Manju Devi wife of Shri Dwarka Parshad did not suffer from any illegality nor it required registration as per the provisions of Section 17 of the Registration Act, 1908 (for brevity the Act ). The question raised in the appeal is whether the consent decree suffered by the plaintiff-appellant recognised pre-existing rights or it extinguished or created new proprietary rights within the meaning of Section 17(1)(b) of the Act.

2. Facts which are necessary for disposal of the controversy raised in the instant appeal are that the plaintiff-appellant filed a suit for joint possession against defendant-respondent Nos. 3 to 5. Her simple case was that the suit land was purchased by her along with defendant-respondent No. 2 Smt. Laxmi Devi jointly. The plaintiff-appellant and defendant respondent No. 2 are the wives of real brothers namely S/Shri Dwarka Parshad and Bishan Sarup Gupta respectively. She claimed that she