GANESH (D) BY LRS. & ORS. versus ASHOK & ANR.

GANESH (D) BY LRS. & ORS. versus ASHOK & ANR.

A family settlement bona fide to avoid disputes is not a transfer of property and the decree passed pursuant to such a settlement cannot be interfered with; the High Court was not justified in reversing the first appellate court's factual findings, and the impugned judgment and order of the High Court is set aside with the first appellate court's decree restored.

Parties
Appellant: Ganesh (D) By LRs. & Ors.; Respondent: Ashok & Anr.
Jurisdiction
India
Judgment Date
04 April 2011
Procedural Posture
Civil Appeal / Appeal From Decision of High Court in Second Appeal
Outcome
Appeal allowed
Legal Topics
Family Settlement, Partition, Transfer of Property, Alienation of Property, Second Appeal
Property Law Civil Procedure Family Settlement Partition Transfer of Property Alienation of Property Second Appeal

Case Brief

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Parties

Ganesh (D) By LRs. & Ors.

Appellant

Ashok & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Decision of High Court in Second Appeal

Legal Issues

  1. 1 Whether the land in question was ancestral property or not
  2. 2 Whether the decree in Civil Suit No. 476 of 1978 was null and void
  3. 3 Whether the High Court was justified in interfering with findings of fact of the first appellate court

Ratio Decidendi

A family settlement bona fide to avoid disputes is not a transfer of property and the decree passed pursuant to such a settlement cannot be interfered with; the High Court was not justified in reversing the first appellate court's factual findings, and the impugned judgment and order of the High Court is set aside with the first appellate court's decree restored.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside
  • Judgment and decree of the first appellate court restored