RAM SAMUJH Vs. KIRPA DUTT

JUDGEMENT

(1.) AFTER the death of Jag Dutt, a dispute arose as to properties, including a 1 anna 6 pies share in village Rajpur, left by Jag Dutt since mutation of them had been made in favour of his widow, Gay a Dei and Gay a Dei and Chandi Dutt bad jointly executed a mortgage in respect of it. Kirpa Dutt and Har Dutt raised a dispute and the dispute was settled by a registered compromise dated 5 -7 -1928, according to which the mortgage was paid off and provision was made for the maintenance of the widow of Jag Dutt.

(2.) THE property of Jag Dutt was divided among his three brothers. Different shares were allotted to each of the three brothers in different villages. Out of the 1 anna 6 pies share in Rajpur it was provided that Chandi Dutt should get a 9 pies share and Har Dutt and Kirpa Dutt a 4 1/2 pies share each. An application was made for mutation of names in accordance with this compromise by the parties jointly. Mutation was as a fact made in respect of the share in Rajpur to the extent of 6 pies in favour of each of the three surviving brothers. About 10 years before the institution of the suit the 6 pies share recorded in the name of Chandi Dutt was sold in execution of a decree.

(3.) THE defendants raised a large number of pleas including the plea of limitation and of adverse possession and the trial Court framed issues 3 and 4 to try these two issues.