SANTOSH TULI Vs. RAM NATH PASSI

JUDGEMENT

(1.) The appellant Smt. Santosh Tuli, the youngest daughter of late Shri Labh Chand Passi, who passed away on 26th of January, 1983, intestate, leaving behind two daughters, two sons and a widow, filed a civil suit for partition in this court. In the plaint filed by the appellant, it is stated that her late father owned a house in Karol Bagh over a plot of 150 sq.yds. There are two shops in this building. One shop is with Lamba Jewellers on a monthly rent ofRs.l50.00 , and in the other shop, defendant no. I and 2 are running their business of book selling and publication in the name and style of Rama Brothers book sellers and Rama Brothers Public divison. Both sons of Labh Chand Passi and his widow arc living in the said house. During the pendency of this petition, the appellant who was the plaintiff in the suit moved an application for compromise under Order 23 Rule 3, Civil Procedure Code .

(2.) The suit had been compromised between the parties before the learned single Judge on 7.11.89. The Suit was also disposed of in terms of the compromise arrived at between the parties.

(3.) The learned Judge has recorded the statements of the appellant Mrs. Santosh Tuli, Mrs. Prem Vinayak, Krishan Kumar Passi and of Miss Hima Kohli, the learned counsel for defendant no.1.