For the completion of record, we may mention that in fact, the trial Court had found that the possession of the plaintiff was only permissive possession and that finding has not been disturbed by the first appellate Court. In such a case, it is doubtful that the plaintiff can be heard to pursue relief, as prayed on the basis of his alternative plea of adverse possession. Here also, a distinction should be made between a document containing the terms and recitals of a family arrangement made under the document and a mere memorandum prepared after the family arrangement had already been made either for the purpose of the record or for information of the court for making necessary mutation. OPD Further, although the ownership of the suit property recorded in Jamabandi is of concerned defendant, Harbans Singh (plaintiff) had constructed 16 shops, samadhi of his wife – Gurcharan Kaur and a boundary wall on the property and was in possession thereof. The plaintiff claimed right to the property under the deed of family settlement Exhibit P6. 14. Prior to execution of the said document on that day they compromised not to raise any dispute regarding his ownership. Considering the above, we have no hesitation in concluding that the High Court committed manifest error in interfering with and in particular reversing the wellconsidered decision of the first appellate Court, which had justly concluded that document dated 10.3.1988 executed between the parties was merely a memorandum of settlement, and it did not require registration. Manjit Kaur & Ors. Harbans Singh (plaintiff) filed replications. It is urged that the first appellate Court, after noticing the admitted factual position, proceeded to first examine the question whether the document dated 10.3.1988 (Exhibit P-6) was executed by the parties or not. In Shishpal vs. Vikram cited supra it was held that during life time of Gyani Ram the plaintiff filed suit so there could not be any family settlement. Ravinder Kaur Grewal vs Manjit Kaur on 31 July, 2020. This court file be consigned to the record room.”. 935/1/1/1 (519) but entire khasra no. The trial Court vide judgment and decree dated 19.1.2000, partly decreed the suit in the following terms: -, "RELIEF The defendants had proved the copy of sale deed dated 16.4.1970 (Exhibit DW3/ A), whereby Mohan Singh (original defendant No. Prior to execution of the said document on that day they compromised not to raise any dispute regarding his ownership. 1) had stated that the land standing in the name of Harbans Singh (original plaintiff) was purchased by him from the funds of joint family, but that fact has not been proved or established by the contesting defendants. 2 and 3, namely, Sohan Singh and Harjinder Kaur. for sure they dont have any answer, STUDY ON MEN – LEGALISING MISANDRY TO EMPOWER WOMEN, 4 DIRECTIONS CAN CLEAR JUDICIARY BACKLOG OF MATRIMONIAL CASES, DaBullGonna Xo Cafe – Alcoholic Dalgona Shot ( My own innovative shot). From the impugned judgment, it is noticed that after giving the basic facts, the High Court first extracted the relevant portion from the trial Court's judgment (paragraphs 17-21 thereof) and thereafter adverted to the finding and conclusion recorded by the trial Court on other issues. The appellants would contend that the High Court disposed of the second appeal in a casual manner and more so, without dealing with the finding of fact recorded by the first appellate Court in favour of the plaintiff. Vs. Manjit Kaur Ors. 946/2004. (4) It is well-settled that registration would be necessary only if the terms of the family arrangement are reduced into writing. File be consigned to the record room.”. Sukhjinder Kaur and others 1999(3) R.C.R. A priori, we have no hesitation in affirming the conclusion reached by the first appellate Court that the document Exhibit P-6 was nothing but a memorandum of a family settlement. The first appellate Court, after reappreciating the pleadings and evidence on record, was pleased to allow the appeal and modify the judgment and decree passed by the trial Court. So this document was a writing with regard to fact which was already being considered and admitted by the parties. 1 as also the High Court, therefore, committed substantial error of law in not giving effect to the doctrine of estoppel as spelt out by this Court in so many cases. 5 (1996) 3 RCR (Civil) 740 (paragraphs 7 to 9), 8 Lala Khunni Lal vs. Kunwar Gobind Krishna Narain, ILR 33 All 356 Mt. In that, the property in the name of plaintiff at Prem Basti was given to Sohan Singh (original defendant No. That being concurrent finding of fact, needs no further scrutiny. In view of what has been stated and discussed above, this appeal is allowed and the judgment and decree passed by the learned lower Appellate Court is set aside and that of the learned trial Court is restored, but with no order as to costs." For answering the said substantial question of law, the High Court first adverted to the decision of this Court in Bhoop Singh vs. Ram Singh Major Ors.4 and reproduced paragraphs 12, 13, 16 and 18 thereof. That apart, it is established from the record that plot at Prem Basti belonged to Harbans Singh (plaintiff), which was given to Sohan Singh (original defendant No. Even this finding is supported by the evidence on record and is well-established. Although few sentences of the said documents are in the present tense but the court is to see from the material on record whether the said document created right in the immovable property or rights were already created but the document was written by way of memorandum. In case Hans Raj cited supra the matter was got compromised and document itself created right in the property. The presumption of pre-existing right can only be inferred if a consent decree is passed where such claim is admitted by the other party, but a document which is not disputed by the party and there is no admission regarding the acceptance of a right and suit is based on such a document under which the right is transferred to the plaintiff in a property in which he has no pre-existing right, then it would not require registration as is the ratio of the judgment of the Hon'ble Supreme Court in the case of Som Dev and others (supra). The plea that there was no Joint Hindu Family property was taken by the plaintiff in the replication filed before the trial Court. 1 and 2 died during minority of defendant Nos. We have heard Mr. Manoj Swarup, learned senior counsel for the appellants and Mr. Parveen Kumar Aggarwal, learned counsel for the respondents. List of Licensed Students from March 2018 to March 2020 (Before Covid-19) March 2018 (1) Dr. Tanzeela Aneel (Brampton) April 2018 (2) Munish Sharma (Brampton) https://www.countryhillscrematorium.ca/obituaries/mandeep-singh-chandna Khushboo Grewal and Manmeet Singh during a party hosted by Manmeet Singh and Harmeet Singh from Meet Bros at True Tramm Trunk in Mumbai on February 08, 2016. The plaintiff claimed right to the property under the deed of family settlement Exhibit P-6. The High Court has reproduced paragraph 16 of the judgment of the first appellate Court in its entirety. [8* Lala Khunni Lal v. Kunwar Gobind Krishna Narain, ILR 33 All 356 OPP 1) came to be allowed by answering the substantial question of law formulated as under: -. After doing so, the High Court then referred to the contention of the appellants herein and extracted paragraphs 44 and 54 of the judgment in Hari Shankar Singhania & Ors. (1) xxx xxx xxx Although the impugned judgment runs into 36 pages, the manner in which it proceeds leaves us to observe that it is cryptic. 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