RANBIR SINGH Vs. INDRAJ SINGH

JUDGEMENT

(1.) THE plaintiffs are in appeal before this Court against the judgment and decree of the lower Appellate Court, whereby that of the trial Court were reversed.

(2.) BRIEFLY , the facts are that Narain Singh, Karey and Ramji Lal were three brothers. Indraj Singh son of Ramji Lal during his life time filed a suit against Karey. The claim in the suit was conceded by Karey on the basis of which consent decree was passed on 5.5.1989 regarding the property owned by him. It is this decree passed in favour of Indraj Singh son of Ramji Lal which was impugned by Narain Singh, one of the brothers. The trial Court decreed the suit. However, in appeal, the claim made by the appellants-plaintiffs was not found to be meritorious and the appeal filed by the respondent No. 1 was allowed.

(3.) ON the other hand, learned counsel for the respondents submitted that the decree in question was passed by the Court on 5.5.1989 in the suit filed by Indraj Singh was on the basis of a family settlement. In fact, Karey was issueless and Indraj Singh used to serve him and it was for this reason that he wanted to transfer his entire share of property in his favour. The property having been transferred in his favour during the life time of Karey, the appellants cannot be aggrieved of against the same. He relied upon a judgment of Hon'ble the Supreme Court in Som Dev and others v. Rati Ram and another, 2006(2) RCR(Rent) 400 : 2006(4) RCR(Civil) 303 to submit that if a decree is passed on the basis of family settlement, the same did not require registration.