IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA No. 808 of 2001 (O&M) Date of decision : April 29, 2008 Pal Singh (died) through LRs ....Appellants versus Prito and others ....Respondents Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. Malkeet Singh, Advocate for the appellants Mr. DS Pheruman, Advocate, for respondent nos. 1 and 2 Pritam Pal,J. (Oral) This regular second appeal by contesting defendant/appellant is directed against judgment and decree dated 9.4.1997 whereby a suit for declaration with a relief of joint possession with regard to 1/3rd share of the suit property filed by the plaintiff/respondents was decreed. Thereafter first appeal filed by the contesting defendant was dismissed vide judgment and decree dated 31.1.2001. In fact, both the courts below had ignored the Will dated 20.10.1970 executed by Santa Singh in favour of Pal Singh son of Deep. This is how feeling aggrieved, the contesting defendant has come up in this appeal. Now Pal Singh has expired and he is being represented by his LRs. Now during the pendency of the appeal, the parties have arrived at a compromise vide compromise deed, Annexure A1, also duly signed by RSA No. 808 of 2001 (O&M) -2- learned counsel for both the parties. Sh. Pheruman, learned counsel for the respondents has stated at the Bar that, in fact, the parties are close relations being descendants of Santa Singh. He further submits that, in fact, Santa Singh had executed a valid Will dated 20.10.1970 in favour of Pal Singh in respect of his entire share in the suit property and that respondents have no right title or interest in the suit property. It is jointly stated by learned counsel for the parties that, in fact, the aforesaid Will is genuine and as such the same should be acted upon in the manner mentioned in the compromise deed Annexure A/1. Taking into consideration the aforesaid facts and circumstances and the relations between the parties, this Court feels that compromise deed, Annexure A/1 is genuine and as such the same is hereby accepted. Consequently, the appeal filed by the contesting defendant is allowed and the impugned judgments and decrees passed by the courts below are set aside with the observation that the suit property shall be inherited by the appellants and the same shall be mutated by the revenue authorities in accordance with the Will dated 20.10.1970, which is proved as Ex. D1 before the courts below. The compromise deed Annexure A/1 shall also form part of the decree sheet. Decree sheet be prepared. ( Pritam Pal ) April 29, 2008 Judge 'dalbir'