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ALKA SARIN
Murti Devi – Appellant
Versus
Sajjan Pal Singh – Respondent
JUDGMENT
Alka Sarin, J. - CM-10514-C-2018
1. This is an application for condonation of delay of 18 days in filing the appeal.
2. For the reasons stated in the application, the delay of 18 days in filing the appeal is condoned. CM stands disposed off.
RSA-3904-2019
3. The present regular second appeal has been preferred by the plaintiff-appellants against the judgments and decrees passed by both the Courts below.
4. Brief facts relevant to the present lis are that the plaintiffs filed a suit for declaration and permanent injunction averring in the plaint that one Lakhi Ram was owner to the extent of half share and Kishna and Risalo, son and daughter respectively, of Hari Ram were owners to the extent of other half share in residential house comprised in Khewat No.38, Khata No.65, Rectangle and Killa No.108 measuring 16 Marlas i.e. 484 sq. yards fully shown in the site plan marked by letters ABCD. The case set up by the plaintiff-appellants was that on 26.03.1975, Kishna and Risalo mortgaged with possession their half share in favour of Surat Singh and Sher Singh sons of Lakhi Ram for a consideration of 3,000/- and it was stated that the property would be redeemed within a period of one ye
The main legal point established in the judgment is the requirement for parties to provide sufficient evidence to support their claims, explain key actions, and address any deficiencies in their case....
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
The court affirmed that family settlements must have definitive proof; oral agreements require strong evidence to alter agreed property rights established in written settlements.
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....
A relinquishment of rights in immovable property is legally ineffective unless executed via a registered instrument; oral agreements claiming such relinquishments are insufficient to override statuto....
The family settlement, though unregistered, operated as estoppel against the signatories and partitioned the suit properties among the plaintiff and Defendants 1 to 3. The plaintiff was estopped from....
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