VidhiSangh

Supreme Court of India · 31/07/2020

RAVINDER KAUR GREWAL & ORS. versus MANJIT KAUR & ORS.

[2020] 8 S.C.R. 1138 · 2019 INSC 869

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The 1988 document merely recorded a family settlement reached in 1970 and already acted upon; it did not create rights for the first time and required no registration. Family members who had accepted benefits were estopped from resiling. The High Court had failed to address the first appellate court’s factual findings and misapplied authorities concerning compromise decrees. Its judgment was set aside and the plaintiffs’ declaratory decree restored, without needing to determine the alternative adverse-possession plea.

Issues

  1. Whether the document created property rights or merely recorded an earlier family settlement requiring no registration.
  2. Whether the High Court properly reversed the first appellate court.
  3. Whether adverse possession needed determination.

Provisions considered

Held

Result

Appeal allowed; High Court judgment and decree set aside and first appellate court’s decree in favour of the plaintiffs restored. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 8 S.C.R. 1138.