LAWS(P&H)-2015-1-258

BALDEV SINGH Vs. SUDAM SINGH AND ORS.

Decided On January 07, 2015
BALDEV SINGH Appellant
V/S
Sudam Singh And Ors. Respondents

JUDGEMENT

(1.) THE dispute in the present case pertains to the inheritance of estate of Daulat Devi, mother of appellant -plaintiff, defendants -respondents No. 1 to 3, 5 and Urmila Devi. Julfi Ram father of plaintiff died in the year 1964 while Daulat Devi died on 23.06.1988. After her death, respondent -defendant No. 2 got the mutation of inheritance of the estate of Daulat Devi entered in the name of her above referred natural heirs but the revenue officials sanctioned the mutation in favour of Sudam Singh respondent No. 1 and his wife Sheela Devi respondent No. 4 on the basis of Will dated 17.05.1988 alleged to have been executed by Smt. Daulat Devi.

(2.) PRITAM Singh son of Daulat Devi filed a civil suit No. 32 of 24.01.1992 claiming 1/6th share in the estate of Daultat Devi, which was contested by Sudam Singh and his wife Sheela Devi, who set up Will of Daulat Devi dated 17.05.1988 in their favour. On the issue of Will, learned Senior Sub Judge, Hoshiarpur in para 14 and 15 of judgment dated 11.08.1994 recorded finding against Sudam Singh and his wife, which reads as follows: - -

(3.) NOT satisfied, Sudam Singh and his wife Sheela Devi filed regular second appeal (RSA No. 2670 of 1999). During the pendency of that regular second appeal, the appellants entered into a compromise (Ex. C1) with Pritam Singh and their statement dated 17.02.2000 was recorded as follows: - -