ASHOK BHUSHAN, J. - (1.) This appeal has been filed by the plaintiffs of Civil Suit challenging the judgment dated 16.04.2009 of High Court of Punjab and Haryana dismissing the second appeal filed by the appellant.
(2.) The brief facts of the case as emerged from the pleadings of the parties are: 2.1 One Badlu, who was the tenure-holder of agricultural land situate in Village Garhi Bajidpur, Tehsil and District Gurgaon, had two sons Bali Ram and Sher Singh. Sher Singhdied in the year 1953 issueless leaving his widow Smt. Jagno. 2.2 Plaintiffs-appellants are descendents of Bali Ram. After death of Sher Singh, his widow inherited share of her late husband, i.e., the half of the agricultural property owned by Badlu. A Civil Suit No.317 of 1991 was filed by Nawal Singh and two others against Smt. Jagno in the Court of Sub-Judge, Gurgaon claiming decree of declaration as owners in possession of the agricultural land mentioned in the suit to the extent of half share situate in Village Garhi Bajidpur. The plaintiffs claim was that Smt. Jagno, who was sharer of the half share, has in a family settlement settled the land in favour of the plaintiffs, who were the brother's sons of Smt. Jagno. 2.3 Smt. Jagno filed a written statement in the suit admitting the claim of the plaintiffs. Smt. Jagno also made a statement in the suit accepting the claim of plaintiffs, the trial court vide its judgment and decree dated 19.08.1991 passed the consent decree in favour of the plaintiffs declaring the plaintiffs owners in possession of the half share in the land. 2.4 The plaintiffs, who were descendents of brother of husband of Smt. Jagno filed a Civil Suit No.79 of 1991 in the Court of Senior Sub-Judge Gurgaon praying for declaration that the decree passed in Civil Suit No.317 of 1991 dated 19.08.1991 is illegal, invalid and without legal necessity. The plaintiffs also claimed decree of declaration in their favour declaring them owners in possession of land in question. In Suit No.79 of 1991, a joint written statement was filed by the defendants. Smt. Jagno was also defendant No.4 in the civil Suit No.79 of 1991. The defendants supported the decree dated 19.08.1991. The defendants No.1 to 3 claimed land by family settlement out of love and affection by the defendant No.4, which family settlement was duly affirmed by Civil Court decree dated 19.08.1991. 2.5 The trial court framed nine issues. Issue No. 5 being "Whether the decree dated 19.08.1991 passed in civil suit no.317/91 titled Nawal Singh Etc. Vs. Smt. Jagno passed by Sh. K.B. Aggarwal SJIC, Gurgaon is illegal, invalid without jurisdiction and against custom, without legal necessity and consideration and a result of fraud and undue influence and is liable to be set aside? 2.6 Issue Nos. 2 to 5 were answered in favour of defendants. The trial court also rejected the argument of the plaintiffs that in absence of registration of decree, no right or title would pass in favour of the defendants. Trial court held that registration is required when fresh rights are created for the first time by virtue of decree itself. It was held that in the case in hand, defendants were having pre-existing right in the suit property under as in a family settlement defendant No.4 acknowledged them as owner and surrendered the possession of the suit property in their favour at the time of family settlement and the decree dated 19.08.1991 merely affirms their preexisting rights and hence, does not require registration. 2.7 The plaintiffs aggrieved by the judgment filed first appeal before the learned District Judge, which too was dismissed. The First Appellate Court held that under Section 14(1) of the Indian Succession Act, a Hindu female become full owner of the property, which she acquires before the commencement of the Act and not as a limited owner. The First Appellate Court also held that defendants being near relations of defendant No.4, they cannot be said to be strangers to her. First Appellate Court also held that decree did not require registration. The findings of the trial court were affirmed by the First Appellate Court dismissing the appeal. Aggrieved against the judgment of the First Appellate Court, the plaintiffs filed R.S.A. No.750 of 2002. Second appeal was admitted on following question of law:- "Whether in the absence of any pre-existing right with the defendant- respondents 1 to 3, a decree ( Exhibit P.2) suffered by Jagno (who is father's sister of defendant-respondent) required registration under Section 17(1) of the Indian Registration Act, 1908?" 2.8 The High Court answered the above question of law against the plaintiffs and in favour of the defendants-respondents. The High Court held that judgment and the decree rendered in Civil Suit No.317 of 1991 dated 19.08.1991 merely recognise the existing right which was created by the oral family settlement. High Court further held that apart from relationship of Smt. Jagno with defendants-respondents 1 to 3, she has developed close affinity, love and affection for defendant respondent Nos.1 to 3 as per the findings recorded by the learned Courts below. The High Court dismissed the second appeal, aggrieved against which judgment, this appeal has been filed.
(3.) We have heard Shri Ranbir Singh Yadav, learned counsel for the appellant and Shri Manoj Swarup, learned senior counsel for the respondent.;