R.S.A. No. 2263 of 1991 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 2263 of 1991 (O&M) Date of Decision : 16.3.2009 Surjit Kaur .......... Appellant Versus Nachhattar Singh & others. ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. R.K. Girdhar, Advocate for the appellant. Mr. Rahul Chhatwal, Advocate for respondent No.1. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 3299-C of 2009 This is an application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure for disposing of the suit in terms of the compromise entered into between the parties, which has been annexed as Annexure A/1 with the application. The plaintiff / appellant had filed a suit for possession of land measuring 1 Kanal 12 Marlas as detailed under :- “A. Land measuring 5 kanals 5 Marlas, i.e. 1/6 share of 31 Kanals 11 Marlas comprised in Rect. No. 61 Killa No. 8/1 (7-0) 10(7-4) 18(3-18) 12(5-9) 13(8-0) Khewat No. 1037, Khatoni No. 1640, 1641 R.S.A. No. 2263 of 1991 2 as per jamabandi for the year 1980-81, situated within the revenue estate of Muktsar. B) Land measuring 2 Kanals 7 Marlas, i.e. 1/6 share of 14 Kanals comprised in Rect. No. 61 Killa No. 7/1/2(1-3) 7/2 (0-10) 7/3/2(3-9) 14/1/1(0-18) 9(8-0) Khewat No. 962 Khatauni No. 1524, 1525 as per copy of Jamabandi for the year 1980-81 situated within the revenue estate of Muktsar. C) 1/6 share of house No. 2920 measuring 36 feet x 38 feet consisting of two rooms, five shops, rasta, latrine and court yard on the ground floor and three chaubaras on the upper floor hounded on East : Gali, West : shop of Man Singh, North : House of Charanjit Farangi, South : Abohar road, as per site plan attached with the plaint, situated on Abohar road, Muktsar.” The claim was based on inheritance from Chand Singh son of Bachan Singh. The plaintiff claimed to be widow of son of Chand Singh i.e. Major Singh, who was stated to have died in July, 1984. The learned trial Court decreed the suit, however, in appeal the judgment and decree passed by the learned trial Court was reversed holding that the plaintiff / appellant has failed to prove “Karewa marriage” with Kaka Singh after the death of her husband Major Singh and, thus, has failed to prove that she was widow of Major Singh. The learned trial Court upheld the Will dated 5.9.1979 said to R.S.A. No. 2263 of 1991 3 have been executed by Major Singh in favour of Nachhattar Singh. In appeal the parties have compromised the matter and the properties mentioned in head note “A” and “B” have been given to respondent Nachhattar Singh whereas the land mentioned in head note “C” has been given to the appellant/ Surjit Kaur. The written compromise is taken on record as Ex. A. The parties are present in Court. They admit the execution of the compromise Ex. A. C.M. stands allowed. R.S.A. No. 2263 of 1991 The parties have compromised. In view of this, the judgment and decree passed by the learned lower appellate Court is modified. The suit of the plaintiff / appellant is decreed in terms of the compromise Ex. A. 16.3.2009 ( VINOD K. SHARMA ) 'sp' JUDGE