justice. Since the trial
court did not consider the validity of the settlement deed on merits, the
Appellate Court held that the amendment ... issue regarding the validity
of the Will, that appeal will be heard together so
that both the validity of the settlement deed
as well
whether the
settlement deeds are void or voidable. Since the validity of the settlement
deeds is raised, the issue needs to be addressed by this ... plaint schedule property
consequent to a finding on the validity of the settlement deeds. Therefore,
the reliance placed on by the learned counsel
whether the
settlement deeds are void or voidable. Since the validity of the settlement
deeds is raised, the issue needs to be addressed by this ... plaint schedule property
consequent to a finding on the validity of the settlement deeds. Therefore,
the reliance placed on by the learned counsel
file any application for
amendment of plaint to challenge validity of settlement deed
No.2972 of 1996 and hence the period during which ... 2329 of 2011
-: 4 :-
permitted to challenge validity of settlement deed No.2972 of
1996. Learned Munsiff ought to have allowed the amendment
against the wishes of the petitioners. He had also cancelled
the settlement deed executed in favour of the 1 st petitioner and had
thereafter, allegedly ... disputed property.
The right of the 1st petitioner based on the settlement deed, validity
of its cancellation by the deceased 1st respondent and the
consequent
others v.
Vakil Ahmed and others (1952 SCR 1133)considered
validity of a settlement deed which was challenged
on a ground referable to the competency ... case in which also
challenge was over the validity of a settlement
deed where one among the parties having interest
over the property
legal for the appellate court to consider the question of
validity of the settlement deed in the absence of pleadings
and issue in that regard ... Settlement
RSA NO. 190 OF 2016 40
2024:KER:78390
Deed No.2243/1984 impugned in the said suit. Since the
earlier Settlement Deed
forcibly got a
settlement deed executed. Challenging the validity of that settlement deed
petitioner has filed O.S.No.120 of 2010. Respondent
both
sides that the issues have been settled and a mediation settlement
agreement dated 11.04.2025 has been entered into, relevant portion of
which reads ... Kollam.
2. Petitioner has no objection with respect to the validity of
Settlement Deed No.1267 of 2019 of S.R.O. Kilikkollur in favour
settlement deed and in the plaint and the plaintiff
himself admitted the execution of Ext.B1 settlement
deed.
12. As rightly noted ... plaintiff
has not filed a replication, challenging the
validity of Ext.B1 settlement deed or raising a
counter claim to declare his alleged title