2024 Supreme(Online)(MP) 9915
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE AMAR NATH (KESHARWANI), J
Gursaran Nigam (Dead) Through Lrs. Smt.Jyoti – Appellant
Versus
Radhesharan Nigam S/O Late Shri Devi Prasad Nigam (Dead) Through Lrs. Smt. Sudha Shrivastava – Respondent
FA 605/2005
Advocates:
Neeraj Vegad,,P.Singh, W.Khan,Smt.D.Bhore,A Mukhopadhyay,
A family settlement agreement, once acted upon, is binding and cannot be disturbed by one party without valid grounds, even if a will exists.
Headnote:(A) Civil Procedure Code, 1908 - Section 96 - Permanent injunction - Appeals filed against the judgment and decree granting permanent injunction in favor of plaintiffs against defendants regarding the alienation of land - The trial court found that the defendants were not entitled to sell the land due to the existence of a family settlement agreement and the lack of partition. (Paras 2, 10, 11, 28)
(B) Family Settlement - The court emphasized that a family settlement, once acted upon for a significant duration, cannot be disturbed by one party without valid grounds. (Paras 28, 30)
(C) Will - The genuineness of a will executed by the deceased was upheld, but the court found that subsequent actions by the parties indicated a waiver of rights under the will. (Paras 19, 20, 21)
Facts of the case:
The plaintiffs and defendants are family members disputing the ownership and sale of land inherited from their deceased mother. The trial court granted an injunction against the defendants from selling the land based on a family settlement agreement.
Findings of Court:
The trial court's findings regarding the family settlement and the genuineness of the will were upheld, and the appeals were dismissed.
Issues: The main issues included the validity of the family settlement, the genuineness of the will, and the rights of the parties over the suit property.
Ratio Decidendi: The court ruled that the family settlement agreement was binding and that the defendants could not alienate the property without fulfilling the conditions of the settlement.
Result: Appeals dismissed.
JUDGEMENTSince F.A.No.605/2005 filed on behalf of the plaintiffs and F.A.No.720/2005 filed on behalf of legal representatives of defendant No.1 and defendant Nos. 2 and 3 and arises out of the same judgment and decree dated 12.05.2005 passed by District Judge, Narsinghpur (M.P.) in Civil Suit No.7-A/2005 [Gurusaran Nigam (dead) through Lrs and Others vs. Radhesharan (Dead) through Lrs & Others], hence, this common judgment will govern the disposal of both first appeals i.e. F.A.No.605/2005 and F.A.No.720/2005.
2. These appeals under Section 96 of the CPC of 1908 have been filed against the judgment and decree dated 12.05.2005 passed by District Judge, Narsinghpur (M.P.) in Civil Suit No. 7-A/2005, whereby the learned trial Court has granted permanent injunction in favour of the plaintiffs and against the defendants that defendant No.2 as a President of Chanda Nagar Grah Nirman Samiti will not alienate or sell the remaining plots of Chanda Nagar Grah Nirman Samiti till fulfilment of certain conditions enumerated in para 76 (B) of the impugned judgement and decree and decline to declare the sale-deed dated 30/08/1990 executed by defendant Nos. 1 to 5 in favour of defendant No.7.
3. Admitted facts as mentioned in the impugned judgment and are revealed from the case are that as follows :-
Gurusharan Nigam (Dead) [Plaintiff No.1], Gyansharan Nigam (Plaintiff No.2) and Radhesharan Nigam (Defendant No.1) were sons and Smt.Shabdpyari and Sant Pyari were daughters of Late Devi Prasad Nigam and Late Chandabai Nigam.
Pradeep Kumar Nigam (plaintiff No.3) and Smt. Jyoti Shrivastava are the son and daughter of Shri Gurusharan Nigam.
Sanjay Kumar Nigam (plaintiff No.5) and Beena Kumari Shrivastava, Smt. Meena Kumari Nigam and Madhu Kumari Sinha are son and daughters of Shri Gyansharan Nigam.
Anand Kumar Nigam (defendant No.2), Swami Kumar Nigam (defendant No.3), Prakash Kumar Nigam (defendant No.4), Ravi Kumar Nigam ( defendant No.5), Prem Kumar Nigam and (defendant No.6) are the sons of Radhesharan Nigam and Sudha Kumari Nigam, Shobha Kumari Nigam and Smt. Ratna Kumari Nigam are his daughters.
Late Smt. Chanda Bai inherited the suit land Survey No. 101 area 2.991 Hectares and Survey No. 212/1 area 3.056 Hectares situated at Village Kandeli P.C. No. 17. B.No. 36, Tehsil and District Narsinghpur (M.P.), which is here-in-after referred as “suit property” from her father.
After death of Smt. Chandabai Nigam, land of her ownership i.e. suit property devolved in the joint ownership of plaintiffs namely Gyansharan, Gurusharan and Radhesharan (defendant No.1) and was mutated and it was agreed that with the help of their sons, they will develop a residential colony and educational institute over the suit land for which an agreement dated 22.06.1988 (Ex. P/1) and family settlement agreement dated 01.08.1988 (Ex. P/2) was executed and accordingly, names of all the sons were mutated as co- owners.
In furtherance of agreement dated 22.06.1988 (Ex. P/1) and family settlement agreement dated 01.08.1988 (Ex. P/2), Chanda Bai Nigam Memorial Education Institute and Chanda Nagar Grah Nirman Samiti were constituted.
In furtherance of agreement dated 22.06.1988 and family settlement dated 01.08.1988, plaintiffs namely Gyansharan, Gurusharan and Radhesharan (defendant No.1) and their sons agreed to sell land bearing survey No.101 area 2.991 Hectares for developing the residential plots and building of educational institution over land bearing survey no.212/1 area 3.056 Hectares. I.
According to family settlement agreement dated 01.08.1988 (Ex. P/2) it was agreed that plot ad-measuring 170x170 of Survey No.212/1 area of 3.056 Hectares will be reserved for “Chandabai Nigam Educational Institution” and after sale of land of survey No.101, 20% amount was to be given to the said institution and remaining amount was to be spent on development and management of “Chanda Bai Nigam Memorial Institution, Chanda Nagar.
It was also agreed that one-one plot will be given
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