RAM KISHAN Vs. KARTAR SINGH

JUDGEMENT

(1.) IN 1954, Mahan Singh through his Mukhtar-I-am Ram Kishan and Ralla Singh, residents of Brahman Majra, tehsil Bassi, brought a suit against Kartar Singh and others for possession of two pieces of land, hereinafter called `a' and `b'. `a' land consisted of 48 Bighas 18 Biswas, while B of 71 Bighas 18 Biswas. These lands were situated in the village of the plaintiffs. The trial court decreed the plaintiffs' suit regarding the whole of the land `b' and only qua 2/3rd of land 'a'. The suit regarding the remaining 1/3rd of `a' land was dismissed. Against this decision, both parties went in appeal before the learned District Judge, Kapurthala, Camp Bassi. The learned Judge partly accepted the defendants' appeal with the result that the suit was decreed regarding land `b' but dismissed qua land `a'. Thereafter, the defendants came to this Court in second appeal (R. S. A. 18 of 1957 ). On 17th of May, 1962, the matter came before D. K. Mahajan, J. and the parties effected a compromise. The defendant-appellants' counsel made the following statement:

(2.) IF issue No. 1 is not proved to what share of land the applicants are entitled to claim from the respondents? Under Issue No. 1, the executing court held that the decree passed by this Court was valid and not a nullity. Under issue No. 2, its finding was as under:

(3.) THERE is another way also of looking at the matter. The plaintiffs, in the instant case, had filed a suit for possession of lands 'a' and 'b'. The learned District Judge had decreed their suit qua land 'b'. The defendants had come to this Court in second appeal and if in that appeal, the plaintiffs gave up their claim to 2/3rd share in the entire land and effected a compromise, there was no legal impediment in their doing so, even if one of the defendant-appellants was dead on that date. The plaintiffs cannot now say that they had not validly given up their 2/3rd share in the land, because one of the defendants was not alive on 17-5-1962.