Ram Charan Sharma & Anr vs Dinesh Kumar & Ors on 2 April, 2018
However, the
entries in the revenue record in respect of land measuring 69 kanals 2
marlas and 61 kanals 11 marlas were recorded in the name of plaintiffs no.1
and 2 and defendants no.10 and 11, respectively. Plaintiff no.1 started
asserting his adverse possession over the land measuring 69 kanals 2
marlas. As a result thereof, oral settlement was effected between all the
family members in the year 1995 in which it was resolved that plaintiff no.1
will transfer 1/4th share in the land measuring 69 kanals 2 marlas in favour
of defendant no.12 Vinod Kumar and would be absolute owner of the land
measuring 51 kanals 15 marlas out of the said land and will not claim any
right, title or interest in any other property of the family. Plaintiff no.1 Ram
Charan got transferred his 1/4th share in the suit property in favour of
defendant no.12 Vinod Kumar in civil suit no.1515 of 1995 titled as Vinod
Kumar Vs. Ram Charan decided on 16.08.1995, thus, Ram Chanran had no
right or title in the property. It was also stated that plaintiff no.2 had 1/6th
share in the suit property as per the terms of the family settlement. It was
denied that Pyara Singh was an old, illiterate and simpleton person and the
release deed under challenge was executed by him by fraud and without
reading the contents of the same.