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1 - 8 of 8 (0.54 seconds)Bhoop Singh vs Ram Singh Major & Ors on 11 September, 1995
The matter was settled between the
parties and a joint application for compromise was filed and Hon'ble
High Court vide Order dated 08.05.1995 passed a compromise decree
Ex.PW-1/C. It was further argued that by virtue of the said compromise
decree the rights of the parties were settled and judgment of the first
Ravinandan Goel VS Raminder Kumar Goel & Ors. Page No. 16/23
appellate Court and trial Court merged into the compromise decree.
Counsel for the defendants has argued that the said compromise decree
required compulsory registration under Section 17(2) (vi) of the Indian
Registration Act. The said compromise decree was not got registered by
the plaintiffs nor it was engrossed on requisite stamp papers within the
prescribed period of limitation of 12 years and hence, the said
compromise decree became unenforceable. Counsel for the defendants
has placed reliance on the judgments of Hon'ble Supreme Court in
Bhoop Singh Vs. Ram Singh Major AIR 1996 SC 196; Phoolpatti &
Anr. Vs. Ram Singh & Anr. I (2015) SLT 408 and K Raghunandan
Vs. Ali Hussain Sabir & Ors. AIR 2008 SC 2337 in support of his
arguments.
K. Raghunandan & Ors vs Ali Hussain Sabir & Ors on 14 May, 2008
In K Raghunandan's case(Supra), it was held that:-
Bachan Singh vs Kartar Singh And Ors. on 31 July, 2001
In Bachan Singh' case(Supra), Hon'ble Supreme Court held that
a consent decree passed by the Court declaring a party owner of the land
does not require compulsory registration. However, the facts of this case
are distinguishable from the facts of the present case. In Bachan Singh's
Case the defendant had admitted the claim of the plaintiff in an earlier
suit and the said suit was decreed by the Ld. Trial Court on the basis of
the said admission and no appeal was preferred by any of parties against
the judgment of the Ld. Trial Court. In the second suit, the defendants
tried to challenge the judgment in the first suit on the ground that it was
obtained by fraud but the Hon'ble Court dismissed the said appeal on the
ground that earlier suit was based on consent decree on the basis of
admission in the written statement which did not require any
registration.
Section 2 in The Registration Act, 1908 [Entire Act]
Section 17 in The Registration Act, 1908 [Entire Act]
Mohinder Kaur And Anr. vs Piara Singh And Ors. on 25 August, 1980
In Mohinder Vs. Piara AIR
1981 P&H 130(FB), it was held that a decision determining a person as
legal representative is not resjudicata.
Section 63 in The Indian Succession Act, 1925 [Entire Act]
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