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Supreme Court of India · 2018-03-23

Sita Ram Bhama vs Ramvatar Bhama

Citation / case number
AIR 2018 SUPREME COURT 3057
Court
Supreme Court of India
Petitioner
Sita Ram Bhama
Respondent
Ramvatar Bhama
Author
Ashok Bhushan
Bench
Ashok Bhushan, A.K. Sikri

Judgment text excerpt

The Supreme Court upheld the dismissal of the plaintiff's partition suit under Order VII Rule 11 of the Civil Procedure Code, affirming that there was no cause of action as the family had already partitioned their properties through a memorandum of settlement dated 09.09.1994. The Court emphasized that the absence of a registered document does not invalidate the family settlement, but the plaintiff's claim for possession was dismissed due to lack of evidence of joint ownership. The judgment reinforces the principle that a family settlement can be valid even if unregistered, provided it is supported by sufficient evidence.

Sita Ram Bhama vs Ramvatar Bhama · Niyam