LAWS(HPH)-2013-4-121

SURYA PARKASH Vs. GEETA DEVI

Decided On April 23, 2013
Surya Parkash Appellant
V/S
GEETA DEVI Respondents

JUDGEMENT

(1.) SURINDER Singh, J The matter stands settled by mutual agreement reduced in writing Ex A-1. The statements of parties except Susheela Devi were recorded on 17.4.2013 and the matter was adjourned for today. Reference to the above orders, the learned counsel for the appellant has placed on record the affidavit of Shri Ravi Chand in support of his earlier statement Whether the reporters of Local Papers may be allowed to see the judgment ? recorded on 17.4.2013 which is marked as Ext. A2/A and taken on record.

(2.) PROFORMA respondent Smt. Susheela Devi is present. Her statement has been recorded. The terms and conditions as contained in compromise Ext. A-1 have been read over and explained to her in vernacular language. She admits the terms and conditions of the compromise with the appellants as well as the respondents and another proforma respondent. In addition, she also filed her affidavit Annexure Ext. R3/A whereby she stated that the terms and conditions of the compromise were also drawn at her instance which she admitted to be correct. Earlier statements of appellants as well as of the respondents, including proforma respondents Bhavna Devi were recorded.

(3.) AS a matter of fact, respondents Geeta Devi and Tara Devi had filed a suit against the appellants and proforma respondents seeking declaration to the effect that they have become owners of the estate left by Shri Amar Singh by way of adverse possession and challenged the Will in favour of respondents No. 1 and 2 Surya Prakash and Ravi Chand. The learned trial Court held that the Will was not proved and the plaintiffs were declared owners by way of adverse possession which decree was upheld in appeal, against which the present appeal has been filed by the defendants.