RAJ KUMAR HAR SHANKAR SINGH Vs. RANJEET SINGH

JUDGEMENT

(1.) Execution first appeals Nos. 4 of 1954, 5 of 1954 and 18 of 1956 along with civil revision No. 91 of 1958 arise out of the same subject matter and can be disposed of together. Therefore they had all been connected.

(2.) The facts of the case are that there was one Kishori Lali wife of the Appellant Raj Kumar Lal Har Shanker who was the Talukdar of Shabpur Estate, district Gonda. The estate was under the management of the Court of Wards. She died sometimes near about 1946 and a suit for possession was brought by Bhaiya Bhagwati Prasad Singh, Respondent in execution first appeal No. 18 of 1956 and by Ranjit Singh, who was transferee of a share from Bhaiya Bhagwati Prasad Singh, who is Respondent in appeals Nos. 4 of 1954 and 5 of 1954 and is opposite party in civil revision No. 91 of 1958. Among the Defendants was the Deputy. Commr. and the Appellant Raj Kumar Lal Har Shanker Singh, husband of Kishori Lali.

(3.) On 15-9-47, a compromise was arrived at between the Plaintiffs and the Defendant No. 2, that is, the Appellant--the Deputy Commr. was only a party as being the manager of the Court of Wards--by which, it was agreed that a suit for partition be decreed that Plaintiff No. 1, that is, Bhaiya Bhagwati Prasad Singh was entitled to one-third share, that Plaintiff No. 2, that is, Ranjit Singh was entitled to one-third share and the Defendant No. 2, that is Raj Kumar Lal Har Shankker Singh was entitled to the balance of the one-third share. A decree in the above terms of compromise was therefore passed.