HANUMAN PARSHAD Vs. RAM KISHAN AND OTHERS

JUDGEMENT

(1.) Hanuman Parshad-appellant and respondents No. 12 to 15 are the legal heirs of Bhagwana. Said Bhagwana, Tara Chand - respondent No.11 and one Sheo Ram (predecessor in interest of respondent no.2) were the sons of Nathu, while Smt. Nimli (predecessor interest of respondents No. 3 to 6), Smt. Mankali and Smt. Kalawati @ Sarti were the daughters of said Nathu. On the death of Nathu, the mutation was sanctioned on 21.11.1968 in favour of all of them. Sheo Ram, Bhagwana and Tara Chand filed a civil suit alleging that they alongwith Smt. Mankali and Smt. Sarti were the owners of the land measuring 135 Kanals 7 Marlas situated in village Nuni Awal, while the right of Smt. Nimli to inherit the estate of her father Nathu was disputed and the mutation sanctioned in favour of Smt. Nimli was challenged. The said suit was dismissed by the learned trial Court on 30.4.1974 by holding that Smt. Nimli was one of the legal heirs of Nathu and therefore, she was entitled to his inheritance in equal share. The appeal (Civil Appeal No. 46 of 1974) was filed by them against this judgment, in which a compromise decree was passed on 15.8.1976 in the following terms:-

(2.) The word dismissed was replaced with the word accepted later on, on an application having been filed under Sec. 151/152 Civil Procedure Code. A sum of Rs. 2,000.00 was to be paid to Smt. Nimli by Tara Chand, Bhagwana and Sheo Ram on or before 1.10.1976.

(3.) The version of Smt. Nimli was that this amount of Rs. 2,000.00 having not been paid to her, she continued to be the owner. She sold her share to one Ram Kishan (respondent No.1) and to Smt. Murti (respondent No.2) vide sale deed dated 19.8.1987.