...mandate of Section 100, Civil Procedure Code, 1908 by needlessly addressing the questions of genuineness and validity of settlement deed and Will of Mottaya Poosali despite the fact that ...memorandum of grounds of second appeal did not question the genuineness or due execution of the settlement deed and the Will. No substantial question of law was framed at the time of admi...not go into the question regarding the due execution and the validity of the settlement deed or the genuineness of the Will which had not been challenged by the respondents either in their pleadings or...

...plea that execution of settlement deed has not been proved before the trial court. Learned Counsel took us through the various documents which show that the question relating to the validity of...defendants-respondents is that Syed Abubackkar executed a settlement deed on 1.2.1967 in favour of his wife, defendant no. 2 and on the next date he went to Singapore. On 15.2.1967. Syed Abubackkar executed...a Power of Attorney in favour of his father and on the same day, the settlement deed was registered in India. (2) The trial court decreed the suit. However, the decree was set aside...

...settlement deed viz., Ex.A1 went unchallenged before the court of law by the settlor except the deed of Revocation shall loose its validity by contesting the same by third parties claiming title u...void and invalid sale deed Ex.B2? 4. Whether the onus of proof lies on the plaintiff with regard Ex.A.1 being the registered settlement deed executed in their favour while the validity ...3 it was held that the settlement deed is invalid and the revocation deed is valid. Consequently, the validity of the sale deed executed by Kuppuswamy Mudaliar in favour of the first defe...

...:- question validity of settlement deed. Needful shall be done by the revenue officials within one month from the date of receipt of the copy of this ju...Government Pleader submits that 'Nallayan' had cancelled the settlement deed and therefore there is a civil dispute as to the right and title in respect of the above deed. This Court relegated...the matter. 4. In that view of the matter, this Court is of the view that based on the settlement deed as well as based on the possessory right as reflected from the...

...the column meant for the names of witnesses, names of scribe Hriday Krishna Das along with two others, namely, Nantu Bihari Ray and P.K Maity appeared. In the deed of settlement the donor indicated his age...validity or otherwise of the deed of settlement.8. We shall first deal with the question relating to jurisdiction of the High Court to interfere with the concurrent fin...below have wrongly placed the onus to prove execution of the deed by Dasu Charan Kul on the plaintiffs. There was challenge by the plaintiffs to the validity of the deed. The onus to prove the ...

...respondent / plaintiff herein has filed the Suit for relief of declaration, recovery of possession and permanent injunction based on the Settlement Deed and the petitioners' contention is that the ...be tested through trial whether it is real or not. In this case also, the plaintiff pleaded the cause of action, but the defendants denied the cause of action and stated that the settlement deed in favour ...the plaintiff through Settlement deed dated 12.08.2015. 2/8 Therefore, there is no cause of action for...

...11.12.1995, whereas, the defendants claims to have purchased the property from the settlor, who executed the settlement deed, dated 11.12.1995. Therefore, it is crystal clear that the said Anthonyammal who had settled the property i...defendant on 16.07.2009. The settlement deed said to have been executed by Anthoniammal in favour of the Rakkini on 11.12.1995, according to the defendants is not true and valid.4...settlement deed dated 11.12.1995 by Anthonyammal in favour of her daugher Rakkini. Pursuant to the said settlement, Rakkini had executed a sale deed in favour of the plaintiff on 21.10.2009. The C...

...the Lok Adalat, Kollam. 2. Petitioner has no objechon with respect to the validity of Settlement Deed No.1267 Of 2019 Of S.R.O. Kjlikkollur in favour ...Lok Ad-alat, Ko[[am. 2. Petitioner has no objection with respect to the validity of settlement Deed No.1267 of 2019 of S.R.O, Kilikkollur in favour of ...Settlement Deed No.1267 of 2019 of the S.R.O., Kilikkollur in favour of the respondents 1 and 2. Petitioner has challenged the award and Settlement Deed in...

...consideration of the evidence on record reversed the judgment and decree of the trial court in both the suits and partly allowed the appeals. The lower appellate court upheld the validity of settlement ...granted against a co-owner; the lower appellate court having upheld the validity of settlement deed and having held that Pachiammal has become a co-owner with Subramanian has rightly dismissed the...legal principle is applied to the case on hand the settlement in question being a registered document is prima facie valid in law. It is, Subramanian, who is questioning the validity of the settlement ...

...learned Counsel appearing for the revision petitioner are attractive, when the validity of settlement deed, dated 28.01.2002 is under dispute, the Trial Court has to decide the said issue before..., she has no right to question the settlement deed executed by her in favour of the first defendant. The first defendant had executed a sale deed in favour of the plaintiff's daughter (Priya) on...revision petitioner contends that they are questioning the gift deed executed by Saradhammbal in favour of Pappathi and the consequential sale deeds executed by the purchasers. Once the settlement...

...settlement deed dated 19.09.2001. 5. The said application was resisted by his brother above said Raja(first respondent in CRP.No.4528/2013 and sole respondent in CRP.Nos.4529 & 4530/2013...O.S.No.1951 of 1997 dated 04.04.2001 as a document in M.P.No.5268 of 2005. The same was also opposed by contesting respondent Raja by filing counter questioning the validity of the settlement deed... 9. The said application was allowed by the Appellate Court mainly on the ground that the proposed parties were legal representatives of deceased Krishnan. However, the validity...

...res judicata. In this case, when the right and interest of the respondent were questioned in his suit against K, the validity of the settlement deed and the terms thereof were gone into. The civil...Code of Civil Procedure, as introduced by the Code of Civil Procedure (Amendment) Act, 1976, is to be resolved in this appeal. Kutty Amma executed Udambadi (settlement deed) on May 19, 1961 giving...life estate to her husband Krishnan Nair, for short K, and vested remainder in favour of the respondent. She died in the year 1971. K alienated the property in 1972 by a registered sale deed in favour...

...others claiming that her mother had executed settlement deed in her favour on 07.07.2000. Claiming title and possession under the said settlement deed, the petitioner herein, as a plaintiff in O.S. No. 701 ...on 14.09.2012 that is after institution of the partition suit on 18.07.2012. 2. Taking advantage of the judgment and finding regarding the validity of the settlement ...Court, upon a consideration of the circumstances of the case concluded that the finding in the injunction suit regarding the validity of the settlement deed cannot operate as res-judicata in the p...

.... Sattar.5. On the question relating to validity or otherwise of the settlement deed, we find no reason to disagree with the High Court, as, whether the deed was obtained...High Court qua the validity of the settlement deed.6. It appears to us that to do complete justice between the parties it would be apposite to state that as we have...M. Sattar through his second wife. They challenged a deed of settlement by the aforesaid Sattars relating to the property in favour of Respondents 1 and 2 on the ground that the same had been obtained...

...Courts below, on the ground that the validity of settlement deed relied on by the plaintiffs ought not to have been affirmed by the Courts below only based on the expert opinion. The learned counsel...executed a settlement deed in favour of first plaintiff on 12.02.2004 and handed over possession of the same to him. Thereafter, the revenue records had been changed in favour of first plaintiff...denied the execution of the settlement deed by Chinna Gounder in favour of first plaintiff. The defendants also claimed that said Chinna Gounder executed a Will in favour of 3rddefendant on...

...suit was decreed on 8.6.1976. Subsequently, it appears that the father of the plaintiff filed OS No.33/1982 for cancellation of settlement deed. The said suit was dismissed on 11.2.1987. In view of dismiss...father, Abdul Basith was the absolute owner of the suit property. On 1.9.1995, his father executed a registered settlement deed settling his properties in favour of his children. It is specifically...settlement deed executed by the father of the plaintiff stood proved. The Trial Court recorded a finding that the father of the plaintiff viz: Abdul Basith, had filed a suit for revocation of ...

...& others2, to the effect that a Kartha of Hindu joint family is not competent to execute settlement deed even in respect of his undivided interest without the ...instituted the suit praying the Court to pass a decree in favour of the plaintiffs against the defendants, for cancellation of the registered Settlement Deed dated 29.06.2019, to intimate the same to...has no right to execute the registered Settlement Deed in respect of entire suit schedule properties, as the plaintiffs are also entitled to equal shares along with the 2nddefendant and...

...Court inter alia holding that parties to the family settlement were estopped from challenging the validity of such deed when being partitioned, they had derived benefits by the said family settlement. The...between the parties another suit was instituted in the Court of the learned Subordinate Judge, Srikakulam, being Original Suit No. 50 of 1954. In the said suit, the validity of the deed of gifts m...Division Bench.3. Mr Ram Kumar, the learned counsel appearing for the appellants, has submitted that family settlement or arrangement between the parties of the family and descendant from...

...service rendered by the defendant, the properties are stated to have been given as a gift. The validity of settlement deed as well as the Will are disputed. The defendant claims title and possession...relying upon the patta proceedings and other revenue records.4. The trial court framed the issues with reference to validity of the Settlement Deed as well as Will and gave a finding...that they are the owners of the property and therefore he is estopped from disputing the validity of settlement deed and the Will.8.11 At this stage, it would be appropriate to quote...

...the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred as ‘Act’). By the above said order a settlement deed alleged to have been executed 02.09.2006 has been ordered to be cancelled. It a...came into force and thus Tribunal has no jurisdiction. Taking note of the date of settlement deed as is 02.09.2006, this Court is of the view that it is beyond the jurisdiction of the Tribunal to...settlement deed or cancellation deed. Main challenge made by the learned counsel for the petitioner is on the ground that the settlement deed was executed prior to the Act...