PRITAM KAUR ALIAS KARNAIL KAUR Vs. HARPAL SINGH

JUDGEMENT

(1.) Pritam Kaur, who is the appellant in R.S.A. had filed a Civil suit in the Court of Sub-Judge (1st Class) at Ludhiana against respondents Harpal Singh and others for possession of land measuring 179 Kanals 3 Marlas. According to her case, the land was owned by her brother Karnail Singh, who died on 11-7-1970. He left behind his widow Harbhajan Kaur and his sister. Harbhajan Kaur died on 16-7-1970 leaving behind the appellant as heir. It is contended that the defendant-respondent had taken possession of the land illegally and that they claimed that Karnail Singh had executed a Will bequeathing property in favour of respondents Nos.1, 2 and 3. However, no such Will was executed by Karnail Singh and that the Will is fictitious and a forged document.

(2.) The suit was contested. Ultimately by the judgment dated 14-10-1980, the suit was dismissed. The Will in favour of respondent-defendant was found to be genuine.

(3.) The appeal filed against the judgment by Pritam Kaur was also dismissed. Pritam Kaur then filed the Second Appeal No.1613 of 1982. There was a compromise in the second appeal and it stood allowed in terms of compromise. The compromise is at Annexure-A/1 on the record. According to the terms, the respondents were persuaded to accept that the Will of late Karnail Singh was not a valid Will. Therefore, the suit deserves to be allowed. The defendant respondent admitted that they have no claim to the property in dispute and the appellant Pritam Kaur Is the only rightful owner of the property. It was further mentioned that in view of the compromise arrived at on 15-1-1999, possession of the entire land in dispute has been handed over. It was further agreed in the compromise that the plaintiff-appellant shall forego her right to claim mesne profits in respect of the land in dispute. The defendant-respondents stated that they had no objection in decree for possession being passed in favour of the plaintiff-Pritam Kaur. It was further settled that any claim/demand maintainable by the Punjab Agro Industries Corporation relating to the portion of the land shall be paid/settled by the plaintiff-appellant and the defendants have no objections in respect thereof. It was further agreed that both the respondents Nachhattar Singh and Nasib Kaur were not the legatees under the Will of late Karnail Singh.