JAMNA DEVI Vs. PREM CHAND

JUDGEMENT

(1.) The question as to whether a mutation order incorporating a compromise between the parties as an instrument for the purpose of sub-section (2) of Section 14 of the Hindu Succession Act, 1956 (30 of 1956) arises for determination in this regular second appeal. As the matter was considered to be of importance, it was referred to Division Bench.

(2.) The present appeal was filed by Maksudan defendant who died during the pendency of the appeal and is now represented by his legal representatives. The appeal is directed against the judgment and decree of learned District Judge, Hoshiarpur, reversing on appeal the decision of the trial Court wherby suit for possession of the land in dispute brought by Kanshi Ram and Hira Ram plaintiffs had been dismissed. As a result of the appeal a decree for possession of 2/3rd Share in the land in dispute has been awarded in favour of the plaintiff-respondents against the defendantappellant.

(3.) One Gobind a Brahmin of village Rakha, Tabsil Dehra, district Kangra, was the owner of the land in dispute and aome other land. On the death of Gobind, his widow, Rohgan, sueceeded to his property as widow's life estate. Rohgan died in 1912 but before that she is alleged to have made a will of the land in dispute in favour of her daughter Durgan. Mutation No. 1349 was entered with regard to the land held by Rohgan as the widow of Gobind. Durgan claimed in mutation proceedings the entire land on the basis of the will alleged to have been made in her favour by Rohgan. As against that, the collaterals of Gobind denied that any will had been executed by Rohgan in favour of Durgan. There was then a compromise between the parties and it was agreed that land measuring 66 Kanals 5 Marlas, which is now in dispute, would be given to Durgan on the condition that she would enjoy the usufruct of the land for her life and that after her death it would vest in the collaterals of Gobind. As regards the remaining land, with which we are not concerned, mutation was agreed to be sanctioned in favour of the collaterals of Gobind. Exhibit P. 8 is the copy of the mutation which was sanctioned on January 15,1918.