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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Baljinderpal Singh – Appellant
Versus
Inderjit Kaur – Respondent
| Table of Content |
|---|
| 1. ownership and possession disputes after puran singh's death. (Para 1 , 2 , 3) |
| 2. court proceedings and prior judgments relevant to ownership. (Para 4 , 5 , 6) |
| 3. plaintiffs' claims regarding the consent decree and ownership. (Para 7 , 8 , 9) |
| 4. arguments regarding consent decree and family settlement validity. (Para 11 , 12) |
| 5. defendants' opposition based on failure to challenge consent decree. (Para 13 , 14 , 15) |
| 6. court's need for evidence to support claims of impersonation. (Para 18 , 20 , 21 , 22) |
| 7. judgment recognition of consent decree based on lack of challenge. (Para 23 , 24) |
| 8. importance of registration laws in context of consent decree. (Para 25 , 26 , 27) |
| 9. final judgment and dismissal of appeal based on established rights. (Para 31 , 32) |
Judgment :
Nidhi Gupta, J.
Present second appeal has been filed by the plaintiffs against the concurrent judgments and decrees of the learned Courts below whereby suit filed by the appellants for possession of the suit property measuring 21 kanal 2 marlas, has been dismissed by both the Courts below.
2. Brief facts of the case as pleaded in the plaint are that Puran Singh son of Santokh Singh was the real brother of Mohinde
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.
Consent decrees based on family settlements cannot be challenged on procedural grounds but only on proven fraud.
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....
A consent decree declaring pre-existing rights, such as maintenance, does not require registration. Furthermore, property acquired by a female Hindu in lieu of maintenance ripens into absolute owners....
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