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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Ajaib Singh (Since Deceased) Thr Lrs – Appellant
Versus
Bhupinder Singh – Respondent
JUDGMENT :
Alka Sarin, J.
The present regular second appeal has been preferred by defendant No.1-appellant challenging the judgment and decree dated 04.06.1993 passed by the Trial Court and the judgment and decree dated 12.12.1996 passed by the First Appellate Court.
2. Brief facts relevant to the present lis are that the plaintiff-Ajmer Singh had filed the present suit for declaration and permanent injunction averring therein that he and defendants No.5 and 6 i.e. Bachan Singh and Ujjagar Singh were brothers and defendants No.2 to 4 i.e. Bhan Kaur, Surjit Kaur and Nand Kaur, respectively were their sisters and defendant No.1 i.e. the appellant herein is the son of defendant No.5. It was the case set up that the land in dispute was owned by Bholu who had three daughters and three sons. On the death of Bholu, land measuring 90 Kanals and 7 Marlas was inherited by his children. Sometime before the filing of the suit, a dispute arose between the plaintiff and the defendants qua the Khewat. The dispute was settled with the intervention of the villagers and it was resolved that defendants No.2 to 4 i.e. respondents No.6, 7 and 8 respectively herein shall surrender their shares in the suit
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....
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 decree-Setting aside of-Decree was procured by fraud on ground of Family settlement-Appellant had no antecedent title, claim or interest in the land in dispute-Contention that there was a fam....
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.
The central legal point established is the impact of pending revenue proceedings on the grant of permanent injunction and the significance of a revisional court's decision in establishing ownership.
Validity of the executed will takes precedence over ancestral property claims in absence of sufficient proof.
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