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.