BABLI DEVI AND ORS. Vs. SUNIL

JUDGEMENT

(1.) The order impugned is passed by the trial Judge on an application filed by the defendant that the compromise cannot be accepted. It was an admitted case that in the suit for declaration of title to the suit properties, a Will propounded by Pala Ram whose widow and daughters were the plaintiffs was the subject of dispute. The Will had been propounded by the defendant, who was Pala Ram's brother's son and the plaintiffs were, therefore, interested in securing the right to the property on the basis that Pala Ram did not execute the Will. Though there was a prayer that the Will was a forgery, the defendant, as a propounder alone, had to take the burden of proving the same.

(2.) In the compromise entered between parties and signed by both of them, the defendant had admitted that the Will was not true and there were 4 clauses in the compromise which admitted the plaintiffs as being entitled to the share of Pala Ram and there was also a recital about the existence of a dera and factory said to have been constructed by the defendant and the same was required to be allotted only to the defendant and none of the plaintiffs will have any right in the property. The parties appeared in court and gave a statement on 27.09.2011 that the decree could be passed in terms of the compromise. The court should have under normal circumstances granted a decree on the same day on 27.09.2011 on the basis of the statement made. Instead, the court took on board an application filed by the defendant on 12.10.2011 that the compromise cannot be received setting out reasons, inter alia, that the plaintiffs had offered to pay Rs. 10 lakhs but the same had not been paid. The plaintiffs were attempting to deceive the defendant and, therefore, the court shall not allow the compromise to be recorded.

(3.) The Court, while allowing the application, has passed the impugned order, holding that the compromise decree had not been passed and there was a mandate that the court should be satisfied that there was a lawful adjustment between parties on the basis of which a decree could be passed. The court observed as follows:-