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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KAMLESH DEVI – Appellant
Versus
RISHI PAL & ORS – Respondent
JUDGMENT :
NIDHI GUPTA, J.
RS A-485-2015 (O& M)
The plaintiff No.2 is in second appeal against the concurrent judgments and decrees of the learned Courts below; whereby suit filed by the plaintiffs for declaration and possession, has been dismissed by both the Courts below.
RS A-3922-2015 (O& M)
The plaintiffs No.1 and 3 are in second appeal against the concurrent judgments and decrees of the learned Courts below; whereby suit filed by the plaintiffs for declaration and possession, has been dismissed by both the Courts below.
2. Both the above said appeals are being disposed of by this common judgment as both Second Appeals arise out of common judgment dated 23.12.2011 passed by ld. Civil Judge (Senior Division), Panchkula whereby suit of the appellants/plaintiffs was dismissed; and judgment dated 07.10.2014 passed by Addl. District Judge, Panchkula whereby Civil Appeal No. 2025 of 2012 filed by the plaintiffs was also dismissed. Parties, and facts and issues involved in both the appeals are identical. For the sake of facility, facts are being drawn from RSA-485-2015 titled as “Kamlesh Devi vs. Rishi Pal and others.”
3. It was the pleaded case of the appellants in the plaint that the plai
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.
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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....
Consent decrees based on family settlements cannot be challenged on procedural grounds but only on proven fraud.
The central legal point established in the judgment is the permissibility and validity of family settlements, emphasizing that they do not result in the creation of an interest and are not against pu....
Family property - family settlement must be a bona fide one in order to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various member....
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