PURAN CHAND Vs. PRABHAT

JUDGEMENT

(1.) This second Appeal impugns an order dated 03.01.2018 passed by the learned ASCJ in RCA No. 18/2016 which allowed the respondents' appeal against the judgment and decree dated 20.12.2014 in Suit No. 313 of 2014, a suit for mandatory injunction. The appellant contends that he is the owner of the property C-57, Shiv Gali, Nanak Chand Basti, Kotla Mubarakpur, New Delhi (referred to as 'suit property') by way of a family settlement but the impugned order has recorded that the plaintiff has proven his right, title and interest to the property by way of a registered Sale Deed of 1966.

(2.) The impugned order considered the judgment of this Court in Karan Madaan & Ors v. Nageshwar Pandey,2014 3 CLJ 589 DEL which held that when a registered document of title exists, oral evidence denouncing the same would be inadmissible. It was held:

(3.) In view of the aforesaid, the contentions of the appellant are that an oral settlement partitioning the family property i.e. the aforementioned suit property and another property bearing no. C-93, Shiv Gali, Nanak Chand Basti, Kotla Mubarakpur, New Delhi, between the brothers is untenable.