- (1.) Heard Sri Rahul Mishra, learned counsel for the appellant and Sri Manish Goyal, Advocate assisted by Sri Sheo Sagar Singh, Advocate for the respondents.
(2.) Following two questions were formulated by this Court, which need adjudication : A. Whether the lower appellate court could have ignored the family settlement which was reduced in writing on 29.5.1977 only because it was not registered in view of the law laid down by the Apex Court in the case of Kale and others Vs. Deputy Director of Consolidation and others, 1976 3 SCC 119? B. When a family settlement is said to have acted upon so as to show that parties were ad idem, can it be disregarded and dislodged on its being unregistered ?
(3.) Original Suit No.611 of 1992 was instituted by Krishna Gopal against Raj Gopal for partition. The case set up by plaintiff was that he and defendant, both, were sons of Late Mangelal Sharma, and members of Joint Hindu Family, of which late Mangelal Sharma was Karta. He (Mangelal Sharma) died about 13 years back i.e. some time in 1979 leaving his joint Hindu family property consisting of three houses. Defendant no.2, Om Prakash Sharma, had already separated during lifetime of Sri Mangelal Sharma, and one house, described at item no.3 in the schedule of plaint, was given in his share. After the death of Mangelal Sharma, remaining members of family entered into a family settlement that except the house, given in the share of Sri Om Prakash Sharma, rest of the two, over which Om Prakash's claim had ceased, would be the property of plaintiff and defendant no.1.;