BRIJ LAL Vs. BAKSHI RAM

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and decree, dated July 8, 1969. passed by a learned Single Judge of the Delhi High Court, Himachal Bench, Simla, whereby the appeal of the defendant was dismissed and the order of the District Judge reversing the judgment and decree of the trial Court dismissing the suit was affirmed.

(2.) The facts relevant for the decision of this case may be stated as under- Sunder a resident of Amner village in Tehsil Hamirpur died on 24th January, 1964. On his death Sarvshri Bakshi Ram, Ganga Ram and Chandu Bam filed a suit for possession of 1th portion of land which had been gifted by Sunder in favour of Brij Lal in the year 1949. The present plaintiffs who alleged themselves to be the collaterals of Sunder had filed an usual declaratory suit in 1950 that the gift of the land made by Sunder shall not be binding as against their reversionary rights as the land was ancestral and Sunder had no right under custom to alienate the land. In that suit a compromise had been arrived at between the parties whereunder it was agreed that one-forth share in the suit land without any share in the Shamilat shall be given to the plaintiffs and the same shall become operative after the death of Sunder defendant No. 1 and one-fourth share of the land was agreed to he given to defendants Nos. 3 to 7 and this part of the agreement was also to be operative after the death of Sunder defendant No. 1. It was also provided therein that at the time of partition, the Khasra No. 3961/1307 shall also be given to defendants Nos. 3 to 7 and the remainder area both in Abadi and under the houses which were In possession of Sunder defendant No. 1 would be the property of Brii Lal as before and Brij Lal was also held entitled to one-half share in the land and the Shamilat area. The Court in that suit accordingly on the basis of the statement of the parties and their counsel and the compromise passed a decree as stated above.

(3.) The plaintiffs, therefore, on the strength of the decree (Ex. P-2) dated 14th January. 1953. filed the suit for possession of land which they had been awarded under the decree of 1953.