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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Atma Singh (Since Diseased) through LRs. – Appellant
Versus
Jaswant Singh (Since Diseased) through LRs. – Respondent
JUDGMENT :
AMARINDER SINGH GREWAL, J.
1. The plaintiffs are the appellants before this Court challenging the judgment and decree dated 06.06.1994 passed by the 1st Appellate Court vide which the appeal preferred by respondents No.1 to 3/defendants No.1 to 3 against the judgment and decree dated 08.10.1987 passed by the learned trial Court decreeing the suit for declaration and consequential relief for joint possession filed by the appellants-plaintiffs, has been allowed and their suit has been dismissed.
2. For the sake of convenience, the parties are referred to in terms of their status before the trial court.
3. Succinctly, the facts of the case are that Hari Singh, son of Nathu, was the owner of the suit land as described in the head-note of the plaint. Hari Singh died on 20.06.1981, unmarried and issueless. As per the pedigree furnished in the plaint, Chandu was the common ancestor, and the branches devolved through his sons Inder Singh, Sham Singh, Nathu and Pola Singh, with defendant Nos.4 to 8 being the nearest collaterals of the deceased. The plaintiffs claimed that they had been serving the deceased during his lifetime and that Hari Singh executed his last Will dated 30.09.198
Consent decree requires compulsory registration under Section 17 of the Registration Act if it creates rights in praesenti, a principle upheld against allegations of fraud and suspect wills.
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.
Written Statement – Assertion made in plaint is not a proof and burden lay upon plaintiff to prove facts and averments made in its plaint even if there is no written statement filed by defendants to ....
The propounder of a Will carries the burden to dispel suspicious circumstances surrounding its execution; failure to prove authenticity results in its rejection.
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