IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4726 of 2003(O&M) Date of Decision: September 01, 2011 Miss Gurjeet Bajaj Appellant Versus The General Public and others Respondents CORAM : HON'BLE MR. JUSTICE MOHINDER PAL Present:- Ms. Gurjeet Bajaj-appellant in person with Mr.Rakesh Nehra, Advocate for the appellant Mr.Sandeep Bajaj-respondent no.2 in person with Ms.Aarti Gupta, and Mr.Harminder Singh, Advocates for respondent no.2. --- Mohinder Pal, J. Ms. Gurjeet Bajaj-appellant had filed a petition for grant of probate with regard to the estate left by late Balwant Singh on the basis of Will dated 06.02.1996 executed by him. This petition was dismissed by Ld. Additional District Judge, Chandigarh, vide judgment dated 05.08.2003. The Learned Judge observed in his judgment that the appellant had failed to prove her Will dated 06.02.1996, executed by late Balwant Singh. However, the registered Will dated 01.08.1983, executed by late Balwant Singh in favour of respondent no.2 was held to be genuine one. Against the aforesaid decision the appellant has filed the present appeal with the prayer that the judgment of the trial Court be reversed. The dispute is with regard to the estate of late Balwant Singh, who died on 18-02-1996. Gurjeet Bajaj-appellant had set up Will dated 6-2-1996 while Sandeep Bajaj respondent had set up Will FAO No.4726 of 2003(O&M) -2- dated 1-8-1983 executed by Balwant Singh. Learned Additional District Judge, dismissed the probate petition as appellant had failed to prove the Will dated 6-2-1996 executed by Balwant Singh and observed that Balwant Singh had executed a valid registered will in favour of Sandeep Bajaj- respondent No.2. Ms Gurjeet Bajaj is daughter of Balwant Singh from second wife Preet Devinder Kaur Bajaj while Sandeep Bajaj is son of Balwant Singh from first wife. The dispute is mainly with regard to Plot No.13 Phase-1 Industrial Area, Chandigarh. The subject matter of the dispute has been settled . Parties have effected compromise. Compromise deed alongwith affidavits of Ms Gurjeet Bajaj and Ms Preet Devinder Kaur have been placed on record . The same are taken on record. As per compromise between the parties, Ms Gurjeet Bajaj appellant has agreed that she has no objection , if the rights of ownership of the plot, are transferred in the name of Sandeep Bajaj respondent no.2 on the basis of Will dated 1-8-1983 which has been executed by late Balwant Singh. In lieu of this settlement she has received Rs.75-00 lacs ( seventy five lacs) by way of bankers cheque from Sandeep Bajaj respondent no.2, in the Court , photostat copy of which has been placed on record. She has also undertaken that she would withdraw the applications/complaints , if any, moved to Estate Officer UT Chandigarh or to any authority forthwith . In the light of the aforesaid compromise and affidavits of Ms Gurjeet Bajaj and Preet Devinder Kaur which are made part of this file, Sandeep Bajaj respondent no.2 is declared owner of the aforesaid Industrial plot and Ms Gurjeet Bajaj has now no concern or connection with the same. Order dated 1-5-2009 passed in C.M Nos. FAO No.4726 of 2003(O&M) -3- 8100 and 8101 –CII-2009 in the said appeal passed by this Court vide which it was ordered that the property in dispute shall not be transferred in the name of respondent no.2 Sandeep Bajaj stands emerged in this order. It is further clarified that there will be no hurdle to Estate Officer in sanctioning the site plan submitted by Sandeep Bajaj respondent no.2 with regard to raising of construction as the complaints/applications ,if any, moved by Ms Gurjit Bajaj stood withdrawn as per compromise placed on record. The parties will remain bound by the terms and conditions of the compromise . With these observations, the present appeal stands disposed of. (MOHINDER PAL) JUDGE September 01, 2011 p.singh