UDE CHAND Vs. RAJO

JUDGEMENT

(1.) THIS order, will dispose of two connected Letters Patent Appeals Nos. 206 and 231 of 1961.

(2.) ONE Des Raj was the owner of 65 Bighas and 10 Biswas of land and a house in village Dharana. Tehsil Jhajjar, District Rohtak. On his death, the land was mutated in favour of his widow, Smt. Rajo. In November 1954. Ude Chand and others, who were the collaterals of Des Raj. brought a suit for possession of this property on the ground that Smt. Rajo had contracted a Karewa marriage with their brother Kesho Ram and had thus forfeited her rights in the property. The suit was resisted both by Smt. Rajo and Kesho Ram and they denied the alleged Karewa During the pendency of this suit, a compromise was effected between the parties on 17-6-1955. whereby Smt. Rajo was allowed to continue in possession of 40 bighas of land till her lifetime and after her death it had to go to the collaterals and Kesho Ram in equal shares The remaining land viz. , 25 bighas 10 biswas. was to immediately pass on to the collaterals and Kesho Ram in equal shares. As regards the house, it was agreed that it belonged to Kesho Ram, Smt. Rajo was left with another residential house which was, however, not the subject matter of the suit, but it was settled that she would have only a life interest therein and after her death it would also go to the collaterals and Kesho Ram in equal shares. It was also provided in the compromise that Smt. Rajo would not have the right to alienate the land and the house in any manner. The Subordinate Judge, who was trying that suit, did not record the compromise in the form of a decree, but he passed an order on 17-6-1955 as follows:--

(3.) THE suit was resisted by Ude Chand and others, who pleaded, inter alia, that the compromise was duly executed between the parties in the previous case and was binding on Smt. Rajo.