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ALOK JAIN
Sukhdeep Kaur @ Jasvir Kaur – Appellant
Versus
Gurpal Singh – Respondent
| Table of Content |
|---|
| 1. common legal background of case (Para 1 , 3 , 4) |
| 2. petitioner's claim of inheritance (Para 2 , 7 , 10) |
| 3. judicial history leading to appeals (Para 5 , 12 , 19) |
| 4. arguments asserting procedural validity (Para 8 , 14 , 16) |
| 5. findings on legal rights and orders (Para 18 , 20 , 21) |
| 6. final dismissal of both revision petitions (Para 22 , 23) |
JUDGMENT
Alok Jain, J. (Oral)
The present two civil revision petitions arise out of identical facts and merits of the case. Hence, vide a common order, the above-said two revisions are being decided.
2. In CR No.7606 of 2018, learned counsel for the petitioner has argued that the claim of the petitioner Sukhdeep Kaur @ Jasveer Kaur is that she is daughter of late Gurbachan Singh and the learned Courts below did not adjudicate on the said issue, which it should have done by applying the provisions of section 47 of CPC.
3. The brief facts of the case are that one Daya Singh filed a suit against Ram Kishan and his sons Gurbachan Singh and others, for possession by specific performance of the Agreement dated 10.06.1985 regarding land measuring 42 kanal 14 marlas detailed as under:-
The court affirmed that Kareva marriage customs are valid and the testimonies provided sufficiently proved the marriage, impacting the inheritance rights of the parties involved.
Consent decrees based on family settlements cannot be challenged on incorrect facts unless fraud is proven; registration is not required for such decrees when they involve pre-existing rights.
A plaint can be rejected under Order VII Rule 11 if it does not disclose a cause of action or is barred by limitation, emphasizing the need for substantive over procedural assessment.
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