KEHAR SINGH Vs. BALRAJ SINGH AND ORS.

JUDGEMENT

(1.) The estate left by Uttam Singh is in dispute. Long time back Uttam Singh made a gift in favour of Maikiat Singh by deed dated 24th October, 1921 and the same was challenged by Arjan Singh, a collateral of the donor, and he successfully obtained decree on 14th November, 1923. Under the decree it was declared that the gift would not effect the reversionary rights.

(2.) Uttain Singh died in October. 1975, and thereafter Balraj Singh filed the first suit for possession alleging himself to be the adopted son of the deceased and in that suit he impleaded Malkiat Singh donee, Kehar Singh, a collateral of the deceased and other mortgagees as parties. This suit was followed by a suit for possession by Kehar Singh collateral for 1/9th share against Balraj Singh & others. In the plaint he pleaded that Defendants Nos. 2 to 9 were collateral owning the remaining share. Yet another suit for possession was filed by Dr. Jagdishwar Singh, claiming himself to be collateral of the deceased against the parties to the aforesaid two suits

(3.) On an application moved by Balraj Singh the trial of 2nd and 3rd suit was stayed. The suit of Balraj Singh was dismissed by the trial Court as well as by the first Appellate Court on the finding that he was not proved to be the adopted son, Balrij Singh came to this Court in 2nd appeal and in that appeal he compromised the suit with Malkiat Singh alone to which Kehar Singh was not signatory. Under the compromise, Balraj Singh and Malkiat Singh agreed to share the land as compromised. Since this compromise was arrived at behind the back of Kehar Singh, he filed an application in the second appeal that such a compromise was not valid, and in any case it did not bind him. On that application it was ordered that Kehar Singh was not party to that compromise, it won't affect his rights. This application was disposed of in 1988.