PARKASH Vs. PRITAM SINGH AND ANR.

JUDGEMENT

(1.) The respondent -plaintiffs filed suit for declaration to the effect that decree dated 24.4.1984, Ex.P.2 suffered by their mother, Smt. Kasturi Devi in favour of the appellant, their brother, with regard to her share of the suit property, was void for want of registration.

(2.) The appellant contested the suit, explaining the reasons for relinquishing of her rights by Smt. Kasturi Devi (who was also alive at the time of filing of the suit and who also supported the case of the defendant -appellant) who suffered decree in favour of the appellant. Further plea of the defendants was that the suit property was absolute property of defendant No. 2 and the plaintiffs could not question her decision to relinquish her share in favour of defendant No. 1 - appellant.

(3.) The trial Court decreed the suit holding that the decree being transfer of immovable property of the value of more than Rs. 100/ -, was void in absence of registration.