M. VENKATARAMANA HEBBAR (D) BY L.RS. versus M. RAJAGOPAL HEBBAR AND ORS

M. VENKATARAMANA HEBBAR (D) BY L.RS. versus M. RAJAGOPAL HEBBAR AND ORS

The suit for partition by the respondents was liable to be decreed as the family settlement was not fully acted upon because the stipulated amount had not been paid by the appellant; mere execution of the deed did not constitute partition by metes and bounds unless all terms, including payment, were fulfilled.

Parties
Appellant: M. Venkatramana Hebbar (D) by L.Rs.; Respondents: M. Rajagopal Hebbar and Ors
Jurisdiction
India
Judgment Date
05 April 2007
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Partition Suit, Family Settlement, Joint Family Property
Property Law Civil Procedure Partition Suit Family Settlement Joint Family Property

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Parties

M. Venkatramana Hebbar (D) by L.Rs.

Appellant

M. Rajagopal Hebbar and Ors

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the suit for partition by respondents is liable to be decreed as the family settlement was not given effect
  2. 2 Whether the deed of family settlement required compulsory registration
  3. 3 Effect of non-payment of stipulated amounts under the family settlement

Ratio Decidendi

The suit for partition by the respondents was liable to be decreed as the family settlement was not fully acted upon because the stipulated amount had not been paid by the appellant; mere execution of the deed did not constitute partition by metes and bounds unless all terms, including payment, were fulfilled.

Court Disposition

appeal dismissed

Orders

  • Suit for partition to be decreed in favour of plaintiffs/respondents.
  • Plaintiff is entitled to one-fourth share in the suit property.