MAHA RAM Vs. RAKESH AND ANR.

JUDGEMENT

(1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for declaration to the effect that the plaintiffs are owner in possession of the land as detailed in the head note of the plaint, was decreed.

(2.) IT is the case of the plaintiffs that the land measuring 55 kanals 15 marlas was purchased from the income of the defendant i.e. the appellant and father of the plaintiffs i.e. Shri Bhagwan. Another land measuring 81 kanals 12 marlas was also purchased in the name of Basti Ram, father of the appellant and Shri Bhagwan during the lifetime of Basti Ram. It was agreed in the family settlement that the defendant will be owner in possession of the property measuring 81 kanals 12 marlas, whereas the plaintiffs would be owners qua the property measuring 55 kanals 15 marlas with rights appurtenant thereto. The defendant was to pay a sum of Rs. 35,000/ - to the plaintiffs as compensation in lieu of the house built on the land measuring 81 kanals 12 marlas as well. The present suit was filed on 23.2.1991 to seek recognition of the family settlement. The defendant -appellant filed an admission written statement on 25.3.1991, but thereafter sought to contest the suit on merits, denying the settlement arrived at as asserted by the plaintiffs.

(3.) THE land measuring 55 kanals 15 marlas was purchased in the name of Maha Ram and Shri Bhagwan sons of Basti Ram, vide registered sale deed vide Exhibit D.l dated 1.6.1967. The plaintiffs are sons of Shri Bhagwan. The land measuring 81 Kanals 12 marlas was purchased in the name of Basti Ram. The parties have entered into settlement Exhibit P. 1 on 21.2.1991. The said statement is proved from the testimony of PW1 -Gajraj Singh; PW3 -Gufdial Singh (Scribe) and PW5 -Om Parkash. PW2 -Suresh Kumar has also been examined, who has deposed that such settlement has been arrived at in his presence, though he is not one of the attesting witnesses. The appellant in his written statement has pleaded that sons of defendant Dinesh etc. paid a sum of Rs. 35,000/ - to Om Parkash, guardian of the plaintiffs, in compensation of the house built in the property measuring 81 kanals 12 marlas. PW1 -Om Parkash has deposed that price of Rs. 35,000/ - in respect of the house built by Shri Bhagwan in the land of 81 kanals 12 marlas, was determined by the Panchayat. The plaintiffs have got their appeal dismissed as withdrawn from the Court of learned Additional District Judge, Narnaul, against the order of the trial Court in a suit titled as Kamla Devi v. Dinesh Kumar on 18.4.1991 (Exhibit P.7). The plaintiffs have also got the suit dismissed as withdrawn on 29.4.1991 in respect of the land measuring 81 kanals 12 marlas. The challenge in the said suit was to the decree suffered by Basti Ram in favour of sons of defendant Maha Ram. It was, thus, found that the family settlement Exhibit P. 1 was acted upon and is binding upon the defendant.