RAMPEARE SINGH Vs. SM RAMKALI DEVI

JUDGEMENT

(1.) This appeal by the plaintiffs arises out of a suit for declaration of title to and confirmation or, in the alternative recovery of possession over a house standing on plot No. 43, in Khata No. 46, of village Abdulla Chak. The plaintiffs have also prayed for a declaration that the sale deed executed by Mt. Moti Kuer, defendant No. 7 (who died during the pendency of the appeal in the lower appellate court), in favour of defendants nos. 1 to 3, on the 5th November, 1959, is fraudulent, illegal, without consideration and without legal necessity.

(2.) The plaintiffs have also alleged that plaintiff No. 1 instituted Title Suit No. 12 of 1945 for declaration that certain alienations made by Mt. Moti Kuer were illegal and were not binding upon the reversioners; and that suit was compromised, one of the terms of the compromise being that Moti Kuer would cease to have any right or title in the suit-house except the right of residence during her lifetime.

(3.) The defendants raised several pleas including this that the compromise with regard to the suit-house was not binding as the property was worth more than Rs. 100 and the compromise was compulsorily registrable under Section 17 of the Indian Registration Act.