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ANIL KSHETARPAL
Jarnail Singh (Deceased) Through Lrs – Appellant
Versus
Major Singh – Respondent
| Table of Content |
|---|
| 1. factual background of the dispute. (Para 3 , 4 , 5) |
| 2. arguments regarding adoption and limitation. (Para 11 , 12) |
| 3. analysis of evidence regarding adoption. (Para 14 , 15 , 16 , 20) |
| 4. determination of legal standing and merits. (Para 17 , 19 , 22) |
| 5. conclusion and dismissal of the appeal. (Para 23 , 24) |
JUDGMENT
Anil Kshetarpal, J.
The Regular Second Appeal in the States of Punjab, Haryana and Union Territory, Chandigarh, is governed by Section 41 of the PUNJAB COURTS ACT , 1918 and not by Section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and others , (2016) 6 SCC 157 .
2. The plaintiffs have preferred this second appeal against the judgment and decree passed by the First Appellate Court which, in turn has reversed the judgment and decree passed by the trial Court.
3. The relevant facts, in brief, are required to be noticed, which are as follows:
4. The suit was filed by Sh. Jarnail Singh and Sh. Babu Singh, sons of late Sh. Ajmer Singh for grant of decree of declaration with a consequential relief of possession and for permanent injunction. In order to understand inte
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.
The judgment emphasizes the importance of evidence in establishing fraud and misrepresentation, the definition of family for the purpose of family settlement, and the requirement of compulsory regist....
The court upheld the validity of a consent decree, ruling that the deceased had the authority to alienate property as separate property, and the plaintiffs failed to prove fraud.
Fraud - Fraud has been defined in Section 17 of the Contract Act to mean as Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his ag....
Adoption – Ceremony of adoption may vary depending upon circumstances of each case, but for a valid adoption there has to be ceremony of giving and taking of child in adoption.
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