VINAY KRISHNA Vs. KESHAV CHANDRA

JUDGEMENT

(1.) The donor of the appellant Smt. Jamuna Kunwar filed suit No. 23/63 for a declaration of the title with respect to three properties bearing Nos. 51, 52 and 53 Civil Lines, Bareilly. The defendants Keshav Chandra and Jagdish Chandra are her sons. It appears that Keshav Chandra filed Suit No. 46 of 1956 on the file of learned Civil Judge, Bareilly claiming a share in the properties described in the plaint schedule attached thereto against Smt. Jamuna Kunwar and his two brothers Jagdish Chandra and Gokul Chandra. A compromise was entered into between the parties. Based on the compromise the Civil Judge, Bareilly passed a decree dated 26-2-1960. The relevant clause in the compromise which has a bearing in this case reads as follows:

(2.) The defendant No. 3 Smt. Jamuna Kunwar is the absolute owner of the above mentioned property worth Rs. 20,000/(Twenty Thousand) and her own above mentioned share in the property.

(3.) Smt. Jamuna Kunwar will remain in possession and will manage the entire disputed property for her lifetime."