BHAGWANI Vs. LAKHIM RAM

JUDGEMENT

(1.) This judgment will dispose of two Execution Second Appeals Nos. 38 and 39 of 1959 preferred by Mst. Bhagwani against Lakhi Ram etc. and Mohar Singh respectively.

(2.) These appeals arise out of two pre-emption suits filed by Shrimati Bhagwani and compromised on 6-6-1957. In the suit brought against Lakhi Ram and Ram Sarup for possession of 44 kanals and 19 marlas of land, a decree was granted on payment of Rs. 5100/- out of which a sum of Rs. 4400/- was to be retained by her for payment to prior mortgagees and the balance of Rs. 700/- was to be deposited for the vendees by 30-6-1957. The second suit for possession of 27 kanals and 7 marlas of land against Mohar Singh was likewise compromised on payment of a sum of Rs. 4000/- of which a sum of Rs. 3600/- was to be retained by her for the prior mortgagees and the balance was to be paid to the vendee by 30-6-1957. The payments in both these suits were made by Bhagwani on the due date.

(3.) On 12-7-1957, two separate applications were presented by both the judgment-debtors to the Court of the Subordinate Judge Palwal which had passed the decrees of 6-6-1957 under S. 47 of the Civil Procedure Code. It was stated in these applications that after the deposits had been made by Bhagwani, a compromise was made between the parties in the presence of the Panchayat. In the application presented by Lakhi Ram and Sarup it was stated that a sum of Rs. 600/- had been paid to Bhagwani in cash and there was a promise to transfer one killa of land free of charge after it had been redeemed from the mortgagees. In Mohar Singh's suit, it was stated that sum of Rs. 60/ in cash had been given to her and a killa in Square No. 19/20 was promised to be given free of charge. In return for these payments in cash and promises of land she was to relinquish her claims in the pre-emption decrees obtained by her on 6-6-1957. Mst. Bhagwani made a statement on the same day before the Court on 12-7-1957 accepting these terms and the Court thereupon recorded compromises in the following terms: "In view of the statement of the decree-holder and the judgment- debtors, entry of complete satisfaction should be made in the register. The compromise should also be entered there". Subsequently Bhagwani apparently changed her mind and sought execution of the compromise decrees dated 6-6-1957 by applications presented on 12-81957 stating therein that she had become owner of the lands on payment of the amounts which had been deposited by her in pursuance of these decrees. As for the compromise of 12-7-1952, Bhagwani made the allegation that it was illegal, void and ineffectual. The proceedings in both the execution Court dismissed them on 18-5-1958. Bhagwani also failed in her appeals before the Additional District Judge, Gurgaon, and she has now come in appeal to this Court.