S N RUNGHTA Vs. R C GOENKA

JUDGEMENT

(1.) HEARD Counsel for the parties. By these Chamber Summonses, Defendant No.1 prays that this Hon'ble Court be pleased to decide the objection of Defendant Nos.1, 4, 7 & 8 with regard to the admissibility of the Terms of Settlement dated 15th March 1978 being Exhibit C to the Plaint and which is sought to be tendered in evidence by the Plaintiffs along with the affidavit of examination-in-chief of Mrs.S.N.Runghta. It is further prayed that it be declared that the terms of settlement dated 15th March 1978 being Exhibit C to the Plaint is inadmissible in evidence.

(2.) THE case of the Defendant No.1 is that terms of settlement were arrived at between Chiranjilal Goenka and R.C.Goenka on 15th March 1978. Under the said settlement, Shri Chiranjilal sold and delivered to R.C.Goenka shares referred to in clauses 1, 3, 9, 10, 13 and 14. The terms on which the said shares have been sold and delivered are also referred to in the terms of settlement. Besides the shares, Clause 16(a) of the settlement refers to the fact that R.C.Goenka agrees that the property described therein at Walkeshwar Road, Mumbai belongs to C.S.Goenka as the same was purchased out of the income and his own moneys credited in the books of accounts of the Trust.

(3.) ON the other hand, Counsel for the Plaintiffs submits that the statement Exhibit 'C' dated 15th March 1978 is a family arrangement. Being a family arrangement, it was not required to be registered nor stamped. Besides, it is contended that there is no transfer involved and the document only restricts the possession regarding rights of the parties without either creating any right in favour of any person or extinguishing any right of the other. Reliance is placed on the decision of the Apex Court in the case of Kale & Ors. vs. Deputy Director of Consolidation & Ors. reported in AIR 1976 SC 807, AIR 1966 SC 1836 in the case of Maturi Pullaiah & Anr. vs. Maturi Narasimham & Ors. and 2000 Vol.102 (2) BLR 290 Full Bench of the Bombay High Court in the case of The Chief Controlling Revenue Authority vs. Shri Abdul Karim Ebrahim Balwa & Ors.