DANI DEVI Vs. SURJIT SINGH

JUDGEMENT

(1.) DEFENDANT -Smt.Dani Devi is in second appeal against the concurrent judgments passed by both the Courts below whereby the suit of the respondent/plaintiff for declaration and permanent injunction was decreed by the learned Additional Civil Judge (Senior Division) Kaithal vide judgment and decree dated 10.5.1999 and the findings thereof were affirmed by the learned Additional District Judge, Kaithal vide judgment and decree dated 2.5.2001 while dismissing the appeal of the defendant/appellant.

(2.) THE dispute is regarding agriculture land measuring 85K12M in two Villages i.e. Karora, Sub Tehsil Pundri and Kukar Kanda,Tehsil Kaithal owned by one Balku @ Balak Ram. Defendant/appellant Smt.Dani Devi is the widow of said Balak Ram, who inherited the suit land after her husband's death on 29.4.1995 leaving behind no issue. Plantiff Surjit Singh filed a suit on 9.9.1995 being 10 years of age seeking a declaration of ownership of the entire agriculture land left behind by Balak Ram on the basis of a Will dated 20.3.1995 allegedly executed by said Balak Ram. It was averred that the father of the plaintiff namely Randhir Singh and his grand father Daya Chand were descendants from Shadi Ram who was the sole brother of Balak Ram and used to look after Balak Ram and Smt.Dani Devi and out of love and affection Balak Ram had executed the said Will. Both the Courts below have upheld the Will and accordingly decreed the suit.

(3.) IT appears that Smt.Dani Devi filed a criminal complaint regarding forgery of the said Will and on the basis of the report of Handwriting Expert from the State Laboratory, plaintiff Surjit Singh alongwith others was summoned to face criminal trial. Respondent/plaintiff has moved an application bearing CM No.11536 -C/2013 under Order 23 Rule 1 for permission to withdraw the present suit in view of a compromise dated 22.9.2013 arrived at between the parties. The compromise deed dated 22.9.2013 has been annexed as Annexure A -1 with the application. Joshi Rajinder Prashad