Further, the plaintiff was in possession of the suit land. Thus, the learned trial Court was right in holding that no title passed on to the plaintiff under Exhibit P6 i.e. Sohan Bibi, AIR 1914 PC 44 Sahu Madho Das vs. Pandit Mukand Ram, AIR 1955 SC 481 Ram Charan Das vs. Girjanandini Devi, AIR 1966 SC 323 Tek Bahadur Bhujil vs. Debi Singh Bhujil, AIR 1966 SC 292 Maturi Pullaiah vs. Maturi Narasimham, AIR 1966 SC 1836 Krishna Biharilal vs. Gulabchand, (1971) 1 SCC 837 S. Shanmugam Pillai vs. K. Shanmugam Pillai, (1973) 2 SCC 312 Ramgopal vs. Tulshi Ram, AIR 1928 All 641 Sitala Baksh Singh vs. Jang Bahadur Singh, AIR 1933 Oudh 347 Mst. The 28-year-old Surrey man, who attacked his wife with a hatchet during a brazen and brutal daylight slaying in Surrey two years ago, pleaded guilty to second-degree murder on Monday (June 10). The news broke on Sunday when one of his friends shared details with media. In the recent case Ravinder Kaur Grewal v Manjit Kaur, (1) the Supreme Court held that a memorandum of family settlement (MOU), which merely records the terms of a family settlement already acted on by the concerned parties, need not be registered. In such a case the party in whose favour the relinquishment is made would be assumed to have an antecedent title. Mumbai, May 19, 2020 – In the wake of TV actor Manmeet Grewal’s recent suicide reportedly owing to financial constraints, actres Nia Sharma says she knows many actors, whom she refers to as “friends”, who have not been paid since 2019 or before. Harmeet and his brother, Manmeet had started developing an interest in music, since then. In case Hari Singh v. Shish Ram & others cited supra it was held that document between the parties was partitioned and consideration was passed from one party to other. Issues No. 4 is affirmed.”. Bibi Aziman vs. Mst. Briefly stated, the suit was filed by the predecessor of the appellants herein - Harbans Singh, son of Niranjan Singh, resident of Sangrur, Punjab against his real brothers Mohan Singh (original defendant No. 1). 5. In the instant case also putting the case of Respondents Nos. Harbans Singh (plaintiff) filed replications. Chadha also served as a physiotherapist for the Indian team. 4 and 5. She also admitted the fact of execution of a family settlement. Defendants have failed to prove that Harbans Singh, Mohan Singh and Sohan Singh constituted Joint Hindu Family Property and construction of the suit property was raised from the Joint Hindu Family Funds. Bibi Aziman v. Mst. vs. Gaur Hari Singhania Ors.6 The High Court then adverted to a decision of the same High Court in Jagdish Ors. 1 to 3 (heirs and legal representatives of Mohan Singh original defendant No. - This appeal emanates from the judgment and decree dated 27.11.2007 passed by the High Court of Punjab and Haryana at Chandigarh[1*] in R.S.A. This crucial aspect has been glossed over by the High Court and if we may say so, the second appeal has been disposed of in a most casual manner. Inasmuch as, the impugned judgment of the High Court merely contains extraction of the judgment of the trial Court and first appellate Court and of the relied upon judgments (precedents). However, after execution of the memorandum of family settlement dated 10.3.1988, the defendants once again raised new issues to resile from the family arrangement. The courts have, therefore, leaned in favour of upholding a family arrangement instead of disturbing the same on technical or trivial grounds. Be that as it may, we deem it appropriate to set aside the impugned judgment and restore the judgment and decree passed by the first appellate Court in favour of the plaintiffs (appellants herein). 2362 of 2002 titled as Ravinder Kaur v.Manjit Singh and FAO No. This plea was taken in the context of the assertion made by the defendants in the written statement that the suit property was jointly owned by Mohan Singh (original defendant No. Structures were erected by him in his capacity as owner of the suit land. We found 28 entries for Ravinder Grewal in the United States. 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 to 3 being legal representatives of Mohan Singh (original defendant No. 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. Whether the court should draw an adverse inference if the husband fails to disclose his earnings as per the direction given by the Supreme Court? Assuming that the grandson had no legal title, so long as the daughters were there, still as the settlement was made to end the disputes and to benefit all the near relations of the family, it would be sustained as a valid and binding family settlement. 187/1988 B.T. Prior to execution of the said document on that day they compromised not to raise any dispute regarding his ownership. (CTV) 1) and Sohan Singh (original defendant No. Hiran Bibi vs. Mst. Judgement Date : The next question considered by the first appellate Court was whether the stated document required registration or not, which has been justly answered in favour of the plaintiff (appellants) on the finding that it was merely a memorandum of family settlement and not a document containing terms and recitals of the family settlement made thereunder. In view of this proposition of law if the matter is considered, the question of law, as framed, has to be answered in favour of the appellants. 1 to 3 would contend that the High Court has rightly considered the document Exhibit P-6 as containing terms and recitals of family settlement and for which reason it was essential to get the same registered. Even this finding is supported by the evidence on record and is wellestablished. The dispute arose among the members of a joint family with respect to land. vs. Rati Ram Anr.9, the same dealt with the question of necessity to register any decree or order of a Court governed by clause (vi) of Section 17(2) of the Registration Act, 190810. No. The impugned judgment is bordering on a casual approach by the High Court in overturning the wellconsidered decision of the first appellate Court. The presumption of preexisting 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 preexisting 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). …”. Further, the High Court has justly nonsuited the plaintiff and preferred to restore the partial decree passed by the trial Court on the conclusion that the document Exhibit P6 is inadmissible in evidence, as it has not been registered despite the transfer of title in immovable property worth more than Rs.100/. Where the courts find that the family arrangement suffers from a legal lacuna or a formal defect the rule of estoppel is pressed into service and is applied to shut out plea of the person who being a party to family arrangement seeks to unsettle a settled dispute and claims to revoke the family arrangement under which he has himself enjoyed some material benefits " 2 and 3, namely, Sohan Singh and Harjinder Kaur. 1 and 2 died during minority of defendant Nos. Mohan Singh (original defendant No. Before :- A.M. Khanwilkar and Dinesh Maheshwari, JJ. As regards the decision in Bhoop Singh (supra) and Som Dev & Ors. Harreet Kaur PCS, the then Civil Judge (Junior Division), Sangrur. As against this, the first appellate Court thoroughly examined the pleadings and the evidence, oral as well as documentary, placed on record by the concerned parties. The incident took place at Manmeet… In other words, it proves that Harbans Singh was being considered as owner in possession of the suit property. 1) preferred second appeal before the High Court being R.S.A. Harreet Kaur PCS, the then Civil Judge (Junior Division), Sangrur. …” While rejecting the argument regarding inapplicability of principle of estoppel, the Court observed as follows: ” 38. In the present case, however, clause (v) of subSection 2 of Section 17 of the 1908 Act is attracted. 935/1/1/1 (5-19) shows the name of Mohan Singh (original defendant No. 1) and that another plot purchased by plaintiff in the name of his son Vikramjit Singh was given to Mohan Singh (original defendant No. Sohan Bibi, AIR 1914 PC 44, Sahu Madho Das v. Pandit Mukand Ram, AIR 1955 SC 481, Ram Charan Das v. Girjanandini Devi, AIR 1966 SC 323, Tek Bahadur Bhujil v. Debi Singh Bhujil, AIR 1966 SC 292, Maturi Pullaiah v. Maturi Narasimham, AIR 1966 SC 1836, Krishna Biharilal v. Gulabchand, (1971) 1 SCC 837, S. Shanmugam Pillai v. K. Shanmugam Pillai, (1973) 2 SCC 312, Sitala Baksh Singh v. Jang Bahadur Singh, AIR 1933 Oudh 347, Mst. https://www.countryhillscrematorium.ca/obituaries/mandeep-singh-chandna The family of 24-year-old Ravinder Kaur, who was allegedly murdered by her husband in Surrey, has alleged that Ravinder’s in-laws used to harass for dowry. Thus, the learned trial Court was right in holding that no title passed on to the plaintiff under Exhibit P-6 i.e. The first appellate Court has also opined in paragraph 16 of the judgment that Harbans Singh (plaintiff) came in possession of the suit property with the consent of the defendants. Family settlement - Arrangements made in memorandum of family settlement is binding on family members - No one in family can resile from stated arrangement. Versus. The operative order passed by the first appellate Court, dated 29.11.2003, reads thus: -. 935/1 (1117). The specific case of the plaintiff that he constructed with his personal money 16 shops on the suit land, one service station with boundary wall and also samadh of Smt. The respondent Nos. Vs. Manjit Kaur Ors. (emphasis supplied), "16. The courts have, therefore, leaned in favour of upholding a family arrangement instead of disturbing the same on technical or trivial grounds. This view of mine finds support from the judgment of the Hon’ble Supreme Court in the case of Hari Chand (dead) through LRs vs. Dharampal Singh Baba, 2007 (4) Herald (SC) 3028, wherein the Hon’ble Supreme Court has been pleased to lay down that the family settlement could only be if one has lawful right over the property and then alone family settlement could be executed. The first appellate Court declared the original plaintiff as owner of the suit land alongwith constructions including 16 shops, a service station and boundary wall with samadhi in the land. As noticed from the extracted portion of the judgment of the High Court in paragraph 12 above, it is amply clear that the High Court has not dealt with the factual aspects adverted to by the first appellate Court to conclude that the document Exhibit P-6 was only a memorandum of family settlement and not a document containing the terms and recitals of a family settlement. The view so taken by the High Court is unexceptionable. K.C Puri, J. 2), as noted in Exhibit P6, owned various properties, on which possession of Harbans Singh (plaintiff) being the eldest brother is admitted. Showbizz24 is the top destination for all the Bollywood buffs! (Pics: Viral Bhayani) 946/2004. These facts clearly establish that there was not only univocal family arrangement between the parties, but it was even acted upon by them without any exception. 4 and 5. About Us. The first appellate Court then adverted to another crucial fact and noted that Mohan Singh (original defendant No. 6. Comment document.getElementById("comment").setAttribute( "id", "a79678a649b63c6624bc8bd0f397d7aa" );document.getElementById("efdad8748f").setAttribute( "id", "comment" ); We are Not Lawyers, but No Lawyer will give you Advice like We do, Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE, We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…. 7. })(window,document,'script','https://www.google-analytics.com/analytics.js','ga'); Decree be drawn up accordingly. Aggrieved by this decision, the appellants/plaintiffs filed first appeal before the District Judge, Sangrur being Civil Appeal No. 15. Keeping in view the relationship between the parties and the circumstances of the case, no order as to cost. The first appellate Court found that the defendants had failed to prove that they were in possession of the suit property or remained in possession thereof. View all photos from this album. It is urged that there was no preexisting title in favour of the plaintiff in respect of the suit property, as the same was purchased in the name of concerned defendant by way of a registered sale deed. So the version of the defendant that no dispute arose in the year 1970 and no family settlement took place can not be accepted…”. In the present case, it may be noticed that the property in dispute was purchased by way of two sale deeds and the ownership of the parties was duly reflected in the revenue record. Click here to find personal data about Ravinder Kaur including phone numbers, addresses, directorships, electoral roll information, related property prices and other useful information. 1) preferred second appeal before the High Court being R.S.A. [8* Lala Khunni Lal v. Kunwar Gobind Krishna Narain, ILR 33 All 356 (4) It is well-settled that registration would be necessary only if the terms of the family arrangement are reduced into writing. 935/1/1/2 (518) and to the extent of ½ share in khasra no. ….. The appellant constructed approximately 16 shops and a shrine for his wife on the disputed … After analysing the relevant evidence, the first appellate Court held that Exhibit P-6 cannot be construed as a document containing terms and recitals of a family arrangement, but only a memorandum of family arrangement. 2) purchased land admeasuring 5 kanals 19 marlas comprised in khasra No. 1 and 2 died during minority of defendant Nos. He asserted that there was a family settlement with the intervention of respectable persons and family members, whereunder his ownership and possession in respect of the suit land including the constructions thereon (16 shops, a samadhi of his wife – Gurcharan Kaur and one service station with boundary wall) was accepted and acknowledged. … Assuming, however, that the said document was compulsorily registrable the courts have generally held that a family arrangement being binding on the parties to it would operate as an estoppel by preventing the parties after having taken advantage under the arrangement to resile from the same or try to revoke it. 01756221351. 9. Subbu Chetty's Family Charities v. M. Gaghava Mudaliar, AIR 1961 SC 797, Chief Controlling Revenue Authority v. Smt. The first appellate Court then went on to examine whether the document required registration. Yet having regard to the near relationship which the brother and the son-in-law bore to the widow the Privy Council held that the family settlement by which the properties were divided between these three parties was a valid one. As noticed from the extracted portion of the judgment of the High Court in paragraph 12 above, it is amply clear that the High Court has not dealt with the factual aspects adverted to by the first appellate Court to conclude that the document Exhibit P6 was only a memorandum of family settlement and not a document containing the terms and recitals of a family settlement. A priori, we have no hesitation in affirming the conclusion reached by the first appellate Court that the document Exhibit P6 was nothing but a memorandum of a family settlement. This court file be consigned to the record room." As regards the decision in Bhoop Singh (supra) and Som Dev Ors. 2) respectively would continue to exist in the revenue record as owners to the extent of half share and the plaintiff would have no objection in that regard due to close relationship between the parties. In paragraph 35, the Court noted as follows: -, "35. (6) Even if bona fide disputes, present or possible, which may not involve legal claims are settled by a bona fide family arrangement which is fair and equitable the family arrangement is final and binding on the parties to the settlement." As noted earlier, this property as per the family arrangement was given to Sohan Singh and has been so recorded in the memorandum of family settlement (Exhibit P6). As a result, Harbans Singh (plaintiff) decided to file suit for declaration on 9.5.1988, praying for a decree that he was the owner in possession of the land admeasuring 11 kanals 17 marlas comprising of khasra Nos. In case Hans Raj cited supra the matter was got compromised and document itself created right in the property. 4. Jamai 2.0 is the digital sequel of Jamai Raja, which features Ravi Dubey, Nia Sharma, and Achint Kaur in prominent roles. There shall be no order as to costs. Manmeet used a dupatta to hang himself from the ceiling fan of his flat in Swapnapurti Housing Society at Sector 36, Kharghar, Navi Mumbai. TV actor Manmeet Grewal commits suicide over... See more of: manmeet grewal. He was 32. Satyawati Sood, AIR 1972 Delhi 171 (FB) Shyam Sunder vs. Siya Ram, AIR 1973 All 382, Your email address will not be published. No. This view of mine finds support from the judgment of the Hon'ble Supreme Court in the case of Hari Chand (dead) through LRs v. Dharampal Singh Baba, 2007 (4) Herald (SC) 3028, wherein the Hon'ble Supreme Court has been pleased to lay down that the family settlement could only be if one has lawful right over the property and then alone family settlement could be executed. 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." In such a case the memorandum itself does not create or extinguish any rights in immovable properties and therefore does not fall within the mischief of section 17(2) of the Registration Act and is, therefore, not compulsorily registrable; To his place from Goregaon matter was got compromised and document itself created right in the memorandum family. And Harbans Singh ( plaintiff ) respondent Nos sister of Guru Nanak Dev 's on! 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