Case Note & Summary
The case involves a second appeal arising from a suit for injunction filed by the father of the appellant (deceased Hariba). The suit was based on a deed of relinquishment executed by the appellant on 14th July 1960. The trial court dismissed the suit, but the appellate court passed a decree in view of the deed of relinquishment executed by the appellant in respect of the suit property. In a suit for partition filed by the appellant/defendant, reliance was placed by the brothers of the appellant on the said deed of relinquishment. The appellate court in an appeal arising out of the said suit for partition has accepted the deed of relinquishment. The High Court, in this second appeal, considered whether the deed of relinquishment was valid and binding. The court noted that the appeal was admitted as a companion appeal to Second Appeal No.59 of 1989, and no substantial question of law was framed. The court upheld the appellate court's decree, finding that the deed of relinquishment was valid and binding, and the appellant was bound by it. The court dismissed the second appeal, affirming the decree of the appellate court.
Headnote
A) Property Law - Deed of Relinquishment - Validity and Binding Nature - The suit for injunction was based on a deed of relinquishment executed by the appellant on 14th July 1960. The trial court dismissed the suit, but the appellate court decreed it in view of the deed. The High Court held that the deed of relinquishment was valid and binding, and the appellate court's decree was justified. (Paras 1-2)
Issue of Consideration
Whether the deed of relinquishment executed by the appellant on 14th July 1960 is valid and binding, and whether the appellate court was justified in passing a decree based on the said deed.
Final Decision
Second Appeal dismissed. The decree of the appellate court is affirmed. The deed of relinquishment executed by the appellant on 14th July 1960 is held to be valid and binding.
Law Points
- Deed of relinquishment
- validity of relinquishment
- binding nature of relinquishment
- injunction based on relinquishment
