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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Shanti Devi (Deceased) Through Lrs – Appellant
Versus
Iqbal Singh (Deceased) Through Lrs – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
INDEX
1 | Challenge in the present RSA | Paragraph 1 |
2 | Brief facts of the case | Paragraphs 2-11 |
3 | Arguments on behalf of the appellants | Paragraphs 12-13 |
4 | Arguments on behalf of respondent No.1(i) to (vi) | Paragraph 14 |
5 | Finding of the Court | Paragraph 15-44 |
Challenge in the present RSA
1. Defendant No.2 Shanti Devi (presently LRs of defendant No.2) and Balwant Singh (presently LRs of Balwant Singh), (the lis pendens purchaser), have filed the present appeal against the judgment and decree dated 21.09.1987 passed by the trial Court vide which the suit filed by the plaintiff (respondent No.1/presently LRs of respondent No.1) Iqbal Singh for declaration with consequential relief of permanent injunction or in the alternate for possession has been partly decreed and it has been held that the judgment and decree passed in Civil Suit No.538 of 1981 in favour of Shanti Devi (defendant No.2) was illegal, null and void and was not binding on the rights of the plaintiff and the plaintiff (respondent No.1) was granted the relief of possession to the extent of l/5th share of the suit land. Challenge is also to the judgment and decree dated 08.03.1989 vide which the appeal filed by the p
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.
(1) Family settlement only declares rights which are already possessed by parties. An aggrieved person can seek enforcement of family settlement in a suit for declaration wherein family members have ....
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....
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