PRAJA SINGH Vs. GURDIP SINGH

JUDGEMENT

(1.) Isher Singh owned land measuring 189 Kanals 4 Marlas in Samana Pati Ghurame, District Patiala. After his death, the land was inherited by his widow and children, including Gurdip Singh, Balwinder Singh, Pritam Kaur and Jasbir Kaur respondents. On June 27, 1964, the respondent were minors. On that date their mother Vir Kaur sold the land owned by her and her minor children without permission of the Court for a sum of Rs. 17,200 in favour of Praja Singh and others (petitioners). The respondents through their uncle and next friend Gurbachan Singh filed a suit for possession of their share, that is, 4/7th of the land against Praja Singh etc. which was dismissed. by the trial Court on August 25, 1965. The respondents then filed an appeal which was accepted by the Additional District Judge. Patiala, vide order dated September 8, 1966. The appellate Court passed the following operative order :-

(2.) On August 23, 1978, the respondents, who had in the meantime attained majority filed an execution application to execute the decree passed in their favour by Additional District Judge, Patiala, on September 8, 1966. They prayed for being put in possession of the land on payment of Rs. 9,803 to the judgment-debtors-petitioners. The respondents, however, did not deposit the amount in Court nor did they pay the same to the judgment-debtors when they filed the execution application. The proceedings in the execution application started. On Nov. 4, 1980, the judgment-debtors-petitioners (hereinafter petitioners) filed objection alleging that the decree-holders-respondents (hereinafter respondents) had effected a compromise with them to treat the decree as satisfied on payment of Rs. 50,000. The respondents denied they had compromised the matter or had received the amount. The executing Court framed the following issue :- Whether the decree stands satisfied by way of compromise as alleged?

(3.) The petitioners did not lead any evidence with the result that the executing Court vide order dated July 30, 1981, dismissed the objection petition and directed the respondents to deposit Rupees 9,803 on or before August 18, 1981. The respondents deposited the amount in Court on August 13, 1981.