RAM BHAJAN SINGH Vs. MADHESHWAR SINGH

JUDGEMENT

(1.) The appeal lie in a short compass. The appellants are the legal representatives of defendants Nos. 7 to 9. The respondents plaintiff Nos. 1 and 2, filed T. S. No. 66/58 on October 7, 1958 to declare that the compromise decree made in T. S. No. 72/26 is null and void and does not bind them. The trial Court dismissed the suit. On appeal, while holding the allegations that the compromise was obtained by playing fraud on the plaintiff was not proved, it was allowed on the ground that it does not bind the plaintiff. As stated earlier, the trial Court after going into the evidence dismissed the suit holding that the decree was not obtained by fraud and that, therefore, the decree was valid and is binding on them. In T.S. No. 1962/62, the appellate Court also recorded the finding that the compromise was not vitiated by fraud, but since defendants Nos. 7 to 9 have no right in the property, the family arrangement in the compromise was not valid and that, therefore, it does not bind the plaintiffs. Accordingly it reversed the decree of the trial Court and decreed the suit by Judgment and decree dated September 15, 1971.

(2.) The appellants carried the matter in Second Appeal No. 63/72. the single Judge of the High Court by Judgment and decree dated June 28, 1978 dismissed the appeal holding that since the 11th defendant died on July 9, 1973 and the application for substitution was not filed within the limitation, the entire appeal stands abated and accordingly the appeal was dismissed. Thus this appeal by Special Leave.

(3.) Admittedly, the property belongs to one Ganga Bishan who had 1/6th share in the joint family property and on his demise his widow, Daulat Kaur, came into possession as a limited owner in respect of the lands in dispute bearing plot Nos. 132, 133 and 138. Daulat Kaur gifted the properties to the defendants Nos. 1 and 2 on April 4, 1926, which gave rise to the Title Suit No. 72/26 challenging the aforesaid gift. Therein, the compromise was affected between the parties and each one of the four branches were given 3 bighas 3 katas each out of a total extent of 14 bighas, 12 katas. Daulat Kaur died on June 27, 1956.