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LISA GILL
Balwant Singh – Appellant
Versus
Sita Devi – Respondent
| Table of Content |
|---|
| 1. ownership and possession disputes over property. (Para 2 , 3 , 4) |
| 2. issues framed for determining legal rights. (Para 5 , 6) |
| 3. court's analysis of partition deed validity. (Para 7 , 13 , 14) |
| 4. arguments regarding errors in prior judgments. (Para 9 , 10 , 11) |
| 5. final judgment affirming lower courts' decisions. (Para 15 , 16 , 18) |
JUDGMENT
Lisa Gill, J.
Appellant-plaintiff has filed this regular second appeal challenging judgment and decree dated 29.08.1988 passed by the learned Sub Judge 1st Class, Charkhi Dadri whereby suit for declaration filed by the plaintiff has been dismissed as well as judgment and decree dated 15.02.1992 passed by learned Additional District Judge, Bhiwani whereby appeal filed by the appellant - plaintiff has been dismissed.
2. Brief facts necessary for adjudication of the matter are that appellant - plaintiff Balwant Singh filed a suit seeking declaration to the effect that he is owner in possession of the suit property as described in the plaint, with a further prayer that mutation No. 833 dated 25.07.1970, mutation No. 846 dated 20.09.1971 as well as order of Settlement Officer dated 29.09.1981 with regard to the partition of suit property
Rule 73 of Rules reads as duties of Registering Officer.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
Execution of partition deed is legally binding and not rendered void by claims of inequity, with established limitations for challenging such deeds. Family settlements must not be reopened unless fra....
The main legal point established in the judgment is the requirement for compulsory registration of family settlement documents under Section 17(1)(b) of the Registration Act, 1908, and the inadmissib....
Registered settlement deed proved under Evidence Act Section 68 proviso absent specific denial of execution; certified copy admissible if original lost; partition suit barred without cancelling deed.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
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