A suit for cancellation of sale deed dated 8.2.89 alleged to have been executed by Janki in favour of one of his sons Ram Asre, was dismissed by the first court but in appeal the judgment and order has been reversed and the suit for cancellation has been decreed.
The submission of Sri R.S. Maurya, learned counsel for the defendants-appellants is that the family settlement dated 21.1.89 was not signed by all the parties specially Janki and as such the lower appellate court could not have relied upon the same in decreeing the suit.
In view of the above, one of the substantial questions of law involved in this appeal is as under:-
Whether the memorandum of family settlement dated 21.1.89 is valid and admissible in evidence even though it was not signed by all the parties concerned?
Admit.
Issue notice to the respondents.
Until further orders of this court parties are directed to maintain status quo with regard to possession and nature of the house in dispute.
Order Date :- 19.10.2010 piyush