relating to validity of Vavasthapatra, the Courts below were
not competent to pass a decree regarding the validity of deed
of settlement.
6. Learned counsel ... case, therefore,
absence of pleading in the plaint relating to validity of deed
of settlement or absence of specific issue is of no use. Suit
deed cannot
be annulled. If purchaser wants to give back the
property it has to be by another deed of
conveyance.
If the deed ... Court is held as under :
Suit for partition - claim based on settlement deed
- validity of deed cannot assailed on plea of fraud
and misrepresentation
possession to the properties concerned in the settlement deed dated 5.2.1968 and in any event, the settlement deed dated 5.2.1968 is binding on the plaintiff ... maintain the suit.
5. The 5th defendant asserted the validity of the settlement deeds dated. 12.3.1973 and 7.10.1973 executed in her favour by her father
court is whether he is stopped from questioning the validity of the later settlement deed dated 12-5-1944, by virtue of his conduct ... settlement deed dated 12-5-1944. Having regard to the position that the 8th respondent has taken advantage of the settlement deed dated
separate
Deeds of Settlement are an outcome of fraud
perpetrated by the defendant no.1/respondent.
Secondly, whether the purported deeds of
settlement ... challenge by the
plaintiffs to validity of the deed. The onus
to prove the validity of the deed of
settlement was on defendant
challenged the Settlement Deed dated 08.07.1993 (Ex.A1),
the Sale Deed dated 09.09.1997 (Ex.A3) and the Sale Deed dated ... Settlement Deed is not sine qua non
for presuming the validity of the Settlement deed, as held by Courts.
8.In support of the above
truth, execution and
validity of the deed of cancellation of Power of Attorney and the
validity of the Settlement Deed. It is further contended that ... Settlement Deed. From the plaint
itself, it is seen that the plaintiff has admitted that he was aware of
the Settlement Deed dated
truth, execution and
validity of the deed of cancellation of Power of Attorney and the
validity of the Settlement Deed. It is further contended that ... Settlement Deed. From the plaint
itself, it is seen that the plaintiff has admitted that he was aware of
the Settlement Deed dated
years later, the 2nd defendant cancelled the settlement deed by a document
known as “settlement cancellation deed” dated 02.05.2007 (Ex.A4). When ... previous settlement deed, she has no right over the suit property as owner.
16.The question is whether the settlement deed under
settlement deed,
it is a settlement deed only and not a Will as sought to be
contended by the appellant, the settlement deed was within ... plaintiff, settlement deed was acted upon, plaintiff
has been in separate possession of the properties allotted to her
under the settlement deed, thereby
