KANWARJIT SINGH Vs. BHUPINDER SINGH

JUDGEMENT

(1.) Suchet Singh had two sons Kanwarjit Singh and Amarjit Singh, Amarjit Singh died leaving behind a son Bhupinder Singh and a daughter-Maninder Kaur. They filed a suit for joint possession of land and house etc. This suit was partly decreed by the trial Court. The plaintiffs as well as the defendant filed appeals. These appeals were decided by the Additional District Judge, Jalandhar vide judgment and decree dated September 29, 1989. The decree passed by the trial, court was partly modified. The claim of the plaintiffs for joint possession was decreed to the extent that plaintiff No. 1 shall have 4/18th share in the suit land and the two houses and plaintiff No. 2 shall have 1/18th share therein. Aggrieved by this judgment and decree, defendants filed the present second appeal.

(2.) During the pendency of the case, the parties have settled the dispute through a mutual compromise. The written compromise deed has been produced on the record. It is Ex. 'A'. According to this compromise, the plaintiff-respondents are entitled to 44 Kanals of land of this as described in para 2(i). It has been further provided that Bhupinder Singh and Maninder Kaur shall be owners of this land in equal share. The remaining property as described in para 2(ii) of the compromise deed shall belong exclusively to appellant Kanwarjit Singh.

(3.) The statements of the parties viz. Kanwarjit Singh, Bhupinder Singh and Rajinder Singh, the attorney for Maninder Kaur have recorded. They have categorically stated that the appeal be disposed of in terms of the compromise deed Ex. 'A'. A copy of the power of attorney executed by Maninder Kaur and Bhupinder Singh in favour of Rajinder Singh has also been placed on record as Mark 'B'. Counsel for the parties state that the appeal may be disposed of in terms of the compromise deed Ex.'A'.