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2016 (7) TMI 1645 - SC - Indian LawsAbsence of conveyance deed - relinquishment of rights - patta was granted in favour of the defendant after filing of the suit - defendant has failed to prove his independent income to pay the amount for grant of land - HELD THAT:- It is not in dispute that the defendant and the plaintiffs are sons of late Narayana. It is also available on record that Narayana had two daughters who are married and have not claimed any right with regard to the suit scheduled property. The mother of the plaintiffs died in the year 1987. Plaintiffs No.1 and 2 examined in the trial court as CWs 1 and 2 have stated that they do not claim share in the suit properties. Consequently, the dispute pertaining to partition of the suit scheduled property was limited to plaintiffs No.3 and 4 and the appellant-defendant. When the terms of the family settlement/arrangement between the parties have been reduced to writing, it has to be registered. But in the facts and circumstances of this case and the conduct of the parties, Ex.D-22 appears to record the family settlement already arrived at between the parties. That Ex.D22-resolution was acted upon is also supported by the subsequent conduct of the parties. Plaintiffs No.3 and 4 retired from the army in 1988 and 1989 respectively - there was division of status among the brothers, the defendant and plaintiffs No. 3 and 4 during the year 1995 or at the time when the defendant paid Rs.20,000/- to plaintiffs No.3 and 4 for relinquishment of their interest in items No.1 and 2 or on 18.03.1995 when before panchayat resolution (Ex.D22) was passed. The judgment of the High Court of Karnataka dated 20.03.2008 in R.F.A. No.805 of 1998 is set aside so far as suit property items No.1 and 2 is concerned and respondents/plaintiffs’ suit for partition of items No.1 and 2 is dismissed - the impugned judgment is modified and it is held that all the four respondents/plaintiffs and appellant/defendant are entitled to 1/5 share each in item No.3. Appeal allowed in part.
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