RAMWATI Vs. SHAKUNTALA

JUDGEMENT

(1.) Heard learned counsel for the parties on Civil Misc. Application No. 41275 of 2010 under Order 39 Rule 2 C.P.C.

(2.) This application is filed by the respondent with the allegation that one Bhikki was the owner in possession over the land in Suit. The same was given to him in lieu of services rendered by him in Azad Hind Force. He died on 13.01.1983 leaving behind the applicant, the only daughter of Bhikki Singh. It is alleged that respondent took forcible possession in the absence of appellant, who was resident of village Barauli, District Ghaziabad along with her husband.

(3.) The respondent no. 1 impressed upon the appellant in Suit No. 162 of 1985 that respondent no. 1 will not claim any right or title in the Suit Property and get a compromise executed which was signed by respondent no. 2 and 3, who was alleged to be minor at that time. That the compromise decree in Suit No. 162 of 1985 was not binding upon the applicant/appellant. Bhikki Singh died in year 1983 leaving behind the applicant as her only heir. The trial court and the appellate court without considering the evidence dismissed the Suit filed by the applicant.