ALOK ARADHE
Malti Bai – Appellant
Versus
Khilona Bahu (since deceased) through L. Rs. Luxminarayan Soni – Respondent
JUDGMENT
Alok Aradhe, J.:-
1. This appeal by the plaintiff was admitted by a Bench of this Court on the following substantial questions of law: -
“(i) Whether the finding of learned first Appellate Court holding that the family settlement has no sanctity in the eye of law since it is an unregistered document, runs contrary to the dictum of Supreme Court Tek Bahadur Bhujil v. Debi Singh Bhujil and others, AIR 1966 SC 292 ?
(ii) What is the impact of admission of defendant No. 1-Smt. Khilona Bahu in her testimony that Ratanlal is the Karta of the family?
(iii) Whether in view of admission of defendant No. 1-Smt. Khilona Bahu that Ratanlal was the Karta of the family, the judgment of learned first Appellate Court holding that Ratanlal was not Karta, is vitiated by ignoring the admission of defendant No. 1-Smt.Khilona Bahu?
(iv) Whether Ratan being Karta of HUF was having authority to settle the suit property in the name of plaintiff?”
2. Thereafter, following additional substantial questions of law were framed:
“(v) Whether the lower Appellate Court committed an error of law in reversing the findings with regard to possession of the plaintiff and in consequently setting aside the decree for i
Kale and others Vs. Deputy Director of Consolidation and others, AIR 1976 SC 807 (Paras 10
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Rome Gowda Vs. M. Varadappa Naidu, (2004) 1 SCC 769 : AIR 2004 SC 4609 (Paras 10
Roshan Singh and others Vs. Zile Singh and others
Sahu Madho Das and others Vs. Mukand Ram and another
Santosh Hazari Vs. Purushottam Tiwari
Tek Bahadur Bhujil Vs. Debt Singh Bhujil and others, AIR 1966 SC 292 (Paras 9, 10
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