RAKSHA RANI Vs. RAM LAL

JUDGEMENT

(1.) Ram Rakha was owner of the property in dispute consisting of 1/12th share in land measuring 12 Kanals 3 Marlas, a residential house, a workshop and a Bara situate in village Lohgarh alias Fidde, in district Ropar. On his death his daughter Smt. Raksha Rani filed a suit for possession of this property claiming to be the sole heir of the deceased. The suit was opposed by Ram Lal defendant, nephew of the deceased, on the plea that the property in dispute had been bequeathed in his favour by the deceased on the basis of a registered will dt. 12th April, 1978. Some other objections were also taken regarding the maintainability of the suit. On the pleadings of the parties a number of issues were framed by the learned trial Court. Statements of two witnesses of the defendant Ram Lal were recorded by the trial Court on 29th Jan. 1981. At that stage Smt. Raksha Rani and Ram Lal arrived at a settlement and their statements were recorded which were signed by them. The statement made by the defendant Ram Lal is as follows :-

(2.) In the second appeal filed by the plaintiff Smt. Raksha Rani, before this Court, reliance was placed at the motion stage on a judgement of this Court in Ashwani Kumar Kaushik v. Ram Rattan 1980 Rev LR 670 wherein a learned single Judge held that an appEal is maintainable against a consent decree when the trial Court does not pass a decree strictly on the basis of compromise and adds something more thereto. It was ruled that once it is held that the decree is not in accordance with the compromise or strictly there is no compromise as such between the parties, such a decree is appealable. The Motion Bench doubted the correctness of this view and, therefore admitted the second appeal for reconsideration of Ashwani Kumar Kaushik's case (supra) by a Division Bench. It is in these circumstances that this case has come up before us for consideration.

(3.) To appreciate the legal issue which is before us for determination it is necessary to reproduce S.96 of the Civil P.C. (hereinafter referred to as the Code), which runs as follows :-