RENU DEVI Vs. MAHENDRA SINGH

JUDGEMENT

(1.) Rameshwar Singh had two wives, (i) Ram Sakhi, and (ii) Dhaneshwari Devi. From the first wife Ram Sakhi, Rameshwar Singh has a son, namely, Mahendra Singh. From Dhaneshwari Devi Rameshwar Singh has another son, namely, Suresh Prasad. Mahendra Singh has four sons, namely, Dilip, Pradeep, Rajesh and Rakesh. Suresh Prasad has two sons, namely, Ranjan and Raj Kumar. The family had substantial landed property. A suit for partition was filed by Suresh Prasad and his two sons, Ranjan and Raj Kumar (referred to as Group 1 for the sake of convenience) impleading Rameshwar Singh and Dhaneshwari Devi as defendants 1 and 2 (Group 2 for convenience) and Mahendra Singh, Dilip, Pradeep, Rajesh and Rakesh as defendants 3 to 7 (Group 3 for convenience). The suit for partition though initially contested, enter into a compromise based whereon a compromise decree was passed on 13-2-1978.

(2.) A perusal of the compromise application dated 11-1-1978 shows that three schedules of the property were drawn up. Schedule No. 1 sets out full description of the property which Group 1 got in the share. Schedule No. 2 sets out full description of the landed property and houses which fell to the share of Group 2, Schedule No. 3 sets out full description of the landed property which fell to the share of Group 3. Wherever something had remained to be done for the separate possession and enjoyment of the property falling to the share of each of the groups, recitals in that regard were incorporated in the body of the compromise petition. This compromise decree was acted upon. There is no controversy that each of the groups was either already in possession or took over possession over that property which had fallen to its share in accordance with the three schedules annexed with the compromise petition. The compromise decree was not engrossed on stamp paper. It appears that one of the parties made an application for drawing up final decree in terms of the decree dated 13-2-1978, referred to as the preliminary decree, in the so-called final decree proceedings. There was no contest and a final decree engrossed on the requisite stamp papers was drawn up on 24-5-1979. The contents of final decree are just a reproduction of the preliminary decree inasmuch as either in the description of the divided property or in the shares no variation had taken place between 13-2-1978 and 24-5-1979.

(3.) It is not disputed that House No. 270, situated on Plot No. 885 of Lalji Tola had fallen to the share of Group 2, i.e., Rameshwar Singh and Dhaneshwari Devi. By a registered deed of gift dated 22-3-1979 Rameshwar Singh and Dhaneshwari Devi of Group 2 gifted their right, title and interest in the property to Renu Devi wife of Suresh Prasad, i.e., the daughter-in-law of Rameshwar Singh and Dhaneshwari Devi and the grandsons Ranjan and Raj Kumar.