VIJAY KUMAR JAIN Vs. SANJAY KUMAR JAIN

JUDGEMENT

(1.) By this suit the plaintiff has prayed for declaratory decree against the defendant in terms of Oral Settlement dated 9th March, 1999 which was reduced in writing by way of "Memorandum" of Family Settlement on 10th April, 1999. The prayer clause describes respective shares in properties as under:-

(2.) The defendant filed written statement admitting oral family settlement as well as written Memorandum of Family Settlement. However, raised the plea that Memorandum was not registered and, therefore, same is not enforceable. The ownership of. the garage portion was also challenged which has been now given up. The memorandum of oral settlement is Ex.P1.

(3.) Learned counsel for the parties submit that it was also given up in reply to the application under Order 12 Rule 6 CPC of the plaintiff (I.A. No. 7313/2002). As the issue raised is only legal, learned counsel for the parties submit that the suit be disposed at this stage itself on the basis of the material already on record. I have heard the learned counsel for the parties and have been taken through the record.