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SAURABH SHYAM SHAMSHERY
Ram Adhar – Appellant
Versus
D. D. C. – Respondent
JUDGMENT :
(Saurabh Shyam Shamshery, J.)
1. Property in dispute is distributed in various Khatas situated at three villages namely, Surahi, Thari and Binda, Pargana Kolasla, District Varanasi. Details of Khata number, village and name of persons recorded in basic year are mentioned hereinafter:
Khata Nos. Village Name of persons recorded
74 Surahi Ram Adhar, Ram Ujagir, Awadh Narain
61 Surahi Ram Chandra, Ram Dhari, Srikant, Ram Adhar, Ram Ujagir, Awadh Narain
54 Surahi Ram Dhari, Ram Adhar, Ram Ujagir, Awadh Narain
71 Surahi Ram Chandra, Ramdhari, Srikant
170 Surahi Ram Chandra, Ram Dhari, Srikant, Ram Adhar, Mata Badal
70 Surahi Ram Chandra, Ram Dhari, Srikant, Ram Adhar
35 Thari Ram Adhar, Ram Chandra, Ram Dhari, Srikant, Ram Ujagir, Awadh Narain
37 Thari Ram Chandra, Ram Dhari, Srikant, Ram Adhar
54 Thari Ram Adhar, Ram Chandra, Ram Dhari, Srikant, Ram Ujagir, Awadh Narain
105 Thari Ram Adhar, Ram Chandra, Ram Dhari, Srikant, Ram Ujagir, Awadh Narain
36 Thari Ram Adhar
137 Thari Ram Adhar, Ram Chandra, Ram Dhari, Srikant, Ram Ujagir, Awadh Narain
47 Binda Ram Adhar, Ram Chandra, Ram Dhari, Srikant, Ram Ujagir, Awadh Narain
2. During consolidation proceedings several set of objections were fi
The court upheld findings based on revenue records and family settlements, and dismissed the writ petitions.
The court established that property was self-acquired, not ancestral, and rejected claims of adverse possession and family settlement due to lack of evidence.
Family arrangements promoting peace and preventing disputes are upheld; oral partitions must be substantiated by clear evidence to be enforceable.
An unregistered document that creates or extinguishes rights in immovable property for the first time requires mandatory registration. If such a document is the sole basis of a suit and lacks registr....
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
Point of law : Family property - Settlement - Admission - Statement made in the earlier plaint constitutes an admission under Order XII Rule 6 CPC. Thus, the Plaintiffs would be bound by the said adm....
Existence of an unregistered family arrangement deed does not confer partition rights absent proper registration and stamp duty where required by law.
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