KARTA RAM Vs. CHHAJJU RAM & OTHER

JUDGEMENT

(1.) Plaintiff Karta Ram filed a suit for partition and separate possession of his 1/6th share in the suit property. The suit was decreed as prayed for by the plaintiff. The defendants took up the matter in appeal. The first appellate Court accepted the appeal and dismissed the suit. Hence, the plaintiff has come forward with the present appeal.

(2.) It is the case of plaintiff Karta Ram that his father Munshi Ram was the owner in possession of 30 bighas and 11 biswas of land. He executed a Will bequeathing 8 bighas and 7 biswas in favour of the plaintiff. The remaining property, namely, 22 bighas and 4 biswas was left behind by him intestate on his death on 3.11.1981. Claiming 1/6th share in the suit land left behind by Munshi Ram, the suit has been filed. The defendants resisted the suit on the ground that the plaintiff has no share in the suit property which was left behind by Munshi Ram. The defendants also contended that as per the compromise entered into between the parties at the intervention of the respectable persons, plaintiff Karta Ram does not have any share in the suit property.

(3.) The trial Court having observed that the compromise deed was not produced by the defendants and that the sanctioning of mutation would not confer title, chose to decree the suit.