KASTURI DEVI Vs. SHERJANG SINGH

JUDGEMENT

(1.) The dispute in this case relates to a piece of land measuring 23' x 40' as described in the plaint. Respondent Sherjang Singh had filed a suit for a declaration that the sale deed dated December 28, 1981 executed by his father Sampuran Singh in favour of defendant-appellant Smt. Kasturi Devi was void and ineffective against his reversionary rights. This suit was dismissed by the trial Court. However, on appeal filed by Sherjang Singh the judgement and decree passed by the trial Court was reversed and the suit was decreed. Aggrieved by this judgement and decree, the defendant Smt. Kasturi Devi had filed the present second appeal.

(2.) During the pendency of the appeal, the dispute between the parties has been settled by mutual compromise which has been produced alongwith C.M. No. 1559-C of 1996. According to this deed of compromise, the parties have agreed to devide the plot into two equal portions. One half of this plot shall be the exclusive ownership of the appellant-Smt. Kasturi Devi while the other half shall be the exclusive property of Sherjang Singh. The details in this behalf have been given in para (b) at page 2 of Ex. 'A'.

(3.) Still further, the statements of the parties have been recorded. They have stated that the appeal be disposed of in terms of the compromise. Besides half the plot, Smt. Kasturi Devi has also been paid an amount of Rs. I lac through Bank Drafts dated April 24, 1996. In accordance with the statements made by the parties and their counsel, the appeal is disposed of in terms of the compromise. A decree be passed accordingly. Still further, in accordance with the wish expressed by Smt. Kasturi Devi and to safeguard her interest, it is directed that the amount of Rs. I lac paid by respondent-Sherjang Singh through the three Bank Drafts shall be deposited by Mr. Arun Nehra, counsel for the appellant in a Fixed Deposit Account for a period of five years in the State Bank of Patiala (High Court Branch) Chandigarh. The interest accruing on this amount shall be transferred to the appellant Smt. Kasturi Devi in accordance with the instructions which she may give to the Bank. The deposit shall be made in the joint name of Smt. Kasturi Devi and her son, Balram Kumar. During the life time of Smt. Kasturi Devi, Balram Kumar shall not have any right to withdraw the money. On the expiry of the terms of the Fixed Deposit viz. 5 years, the Bank shall transfer the amount to such account as she (Smt Kasturi) may desire. The three drafts have been given by Smt. Kasturi Devi to Mr. Arun Nehra, Advocate who undertakes to take the necessary steps for the opening of the Joint Bank Account.