NDLI: Ravinder Kaur Grewal & Ors. Vs. Manjit Kaur & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Registration Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Registration Act, 1908 (16 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Registration Act, 1908 – s. 17 – Document of family settlement– The predecessor of the appellants asserted that his ownershipand possession in respect of the suit land comprising Khasra No.935/1 and 935/2 including constructions thereon of 16 shops, aservice station and a boundary wall with Samadhi of his wife in theland, was accepted and acknowledged by his two brothers in afamily settlement – However, dispute arose between predecessor ofthe appellants and his brothers regarding the suit land – Thereafter,a memorandum of family settlement dated 10.03.1988 was executedbetween the parties – The brothers of the predecessor of theappellants, however, again raised new issues to resile from the familyarrangement – As a result, a suit was filed by plaintiff/predecessorof the appellants against his brothers, original defendant nos. 1 &2 for a declaration that he was the exclusive owner of the suit land– The trial Court decreed the suit partly in favour of the plaintiff –However, the First Appellate Court declared the plaintiff as the ownerof the suit land – The First Appellate Court also held that thedocument dated 10.03.1988 was indisputably executed by the partiesand the said document was merely a memorandum of familysettlement and not a document containing terms and recitals of thefamily settlement made thereunder – Being a memorandum of familysettlement, it was not required to be registered – In the second appeal,the High Court set aside the conclusion recorded by the FirstAppellate Court and opined that the document which for the firsttime create a right in favour of plaintiff in an immovable propertyin which he has no pre-existing right would require registration,being the mandate of law – Accordingly, the High Court restoredthe decree passed by the trial Court – On appeal, held: TheJamabandi for the year 1984-85 of the property in dispute revealsthat Khasra No. 935/1/1/1 (5-19) shows name of original defendantnos. 1 & 2 as owners, whereas the name of plaintiff is shown againstkhasra No. 935/1/1/2 (5-18) as owner – Although the ownership ofthe suit property recorded in Jamabandi is of the concerneddefendant, the plaintiff had carried constructed thereupon and wasin possession – The possession of the plaintiff is admitted and hecame in possession with the consent of his brothers – Notably, thisfinding has not been disturbed by the High Court – That apart, it isalso established from records that a plot in the name of plaintiffwas given to original defendant no. 2, which was otherwise inpossession of original defendant no. 1 – Further, a plot purchasedby the plaintiff in the name of his son was given to original defendantno. 1 and his wife – These facts clearly establish that there was notonly univocal family arrangement between the parties, but it wasacted upon by them without any exception – Now, it was not open toresile from the same – They were estopped from contending to thecontrary – The High Court committed manifest error in interferingwith and in particular reversing the well-considered decision of theFirst Appellate Court, which had justly concluded that the documentdated 10.03.1988 was merely a memorandum of family settlement,and it did not require registration – Therefore, impugned judgmentand decree of the High Court is set aside – The judgment and decreepassed by the First Appellate Court is restored in favour of theplaintiff (appellants).
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2019 INSC 869
Petitioner	Ravinder Kaur Grewal & Ors.
Respondent	Manjit Kaur & Ors.
SCR	[2020] 8 S.C.R. 1138
Judgement Date	2020-07-31
Case Number	7764

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