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2018 (2) TMI 2097 - HC - Indian LawsSuit for declaration, permanent injunction and in alternate, for partition and possession of property - Plaintiff's case in effect is that the family settlement should be given full effect to and in a situation where the Defendants continued to claim rights to the Chandigarh property, Plaintiff should be entitled to 1/3rd share of the Delhi property. HELD THAT:- The family settlement is unregistered but is an exhibited document and is admitted by the parties. The fact that the signatures on the same are in original before the Court, even if the same were not on original stamp paper, it would be valid and binding on the parties. Objections raised by D2 to the family settlement are not tenable as he has acted as per the said family settlement. The Trial Court has rightly decreed the suit in favour of the Plaintiff. D2 having derived the benefits from the family settlement has unnecessarily created a long standing dispute - Family settlements are intended to maintain and continue peace and cordiality among family members. Even if one family member does not abide by it, the harmony of the family is disturbed. Courts, therefore, are to enforce the letter and spirit of family settlements without going into technicalities. The court, after perusing the pleadings and documents does not find any illegality or perversity in the impugned judgement of the Trial court. Trial court judgment is affirmed. In view of the conduct of D2 who kept the family embroiled in a long standing dispute, after having fully derived benefit from the family settlement, the appeal is liable to be dismissed with costs. The appeal is accordingly dismissed with Rs. 1 lakh as costs, payable to the Plaintiff within 4 weeks.
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