JAGAT SINGH Vs. SANGAT SINGH

JUDGEMENT

(1.) THIS appeal is brought from a decree of the High Court at Lahore dated January 31, 1936, reversing a decree of the Subordinate Judge, Lyallpur, dated January 31, 1935, and dismissing the appellants suit. The subject-matter of the dispute is some of squares of land in the district of Lyallpur in the Punjab, which (as is now admitted) belonged to one Ishar Singh who died childless on October 6, 1905, leaving him surviving a widow Bishan Devi; also a brother's son Sundar Singh who died on January 10, 1922. On February 7, 1929, the widow purported to make a gift of one portion of the land to Sangat Singh (respondent No.1) and of another portion to a certain Gurdwara (respondent No.2). The present suit was brought on August 7, 1933, by the appellants, who are three of the four sons of Sundar Singh. The fourth son was made a defendant and is now respondent No.3. The claim of the plaint is for a declaration that the gifts of land to Sangat Singh and to the Gurdwara have no validity or effect beyond the life of Bishan Devi.

(2.) ISHAR Singh on September 19, 1905, made a will of which probate was granted to Bishan Devi by the District Judge of Peshawar on November 3, 1906. Apart from an interest in the family house at Rawalpindi, ISHAR Singh by his will declared himself to be the absolute and exclusive owner of the property which he disposed of thereby. He declared that Sundar Singh, his nephew, was disobedient and of bad character and was to be totally disinherited. He made the following dispositions in favour of his wife:

(3.) THIS suit was compromised in June, 1907, and as the validity and effect of the compromise is now in question, it becomes necessary to notice it in detail. On June 9, a petition to the Court of the District Judge was signed by Bishan Devi and by Sundar Singh. It set forth that the parties had made the settlement therein expressed and it concluded " hence this application by way of a compromise is submitted with the prayer that it may be accepted and the case decided in terms thereof ". The main terms were that the lands at Mahal Nathe and at Lyallpur should belong to Bishan Devi for her life and on her death to Sundar Singh and his male descendants. An iron safe, a cow and a calf were to belong to Bishan Devi. Sundar Singh was to pay her Rs. 8,150 in cash. Government Promissory Notes to the value of Rs. 13,000 deposited in the Treasury were to be entered in the names of the sons of Sundar Singh. Bishan Devi was to be absolute owner of all ornaments, clothes and other moveables in her possession. Sundar Singh was to get the book-debts, stock-in-trade and other trade moveables and to be liable to pay any debts of Ishar Singh. The petition of compromise was signed at Rawalpindi and was handed over to one Mohan Singh, an honorary magistrate, who sent it by post to the District Judge. On June 11, the case came on before the District Judge and Bishan Devi was represented by her agent Jagat Singh and by a pleader. Sundar Singh was present in person. As appears by the note of the District Judge, Jagat Singh stated to the Court:- Musammat Bishan Devi signed the compromise in my presence but she subsequently stated that she only accepted it if the Rs. 8,150 was paid at once and if the, Rs. 13,000 was invested in a bank. She signed of her own free will knowing the contents of the deed.