RSA No.3041 of 2000 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RSA No.3041 of 2000 Date of decision: 21.11.2008 **** Pooran Singh and others . . . . Appellant(s) Versus Bachan Kaur and others . . . . Respondent(s) **** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.A.S. Jattana, Advocate, for the appellant(s). Mr.Manohar Lal Garg, Advocate, for the respondent(s). **** RAKESH KUMAR JAIN, J Both Pooran Singh (Plaintiff) and Bachan Kaur (defendant No.1) are the real brother and sister being the children of Sh. Bachittar Singh son of Lal Singh. Pooran Singh, son of Bachittar Singh, Jagdish Singh and Amarjit Singh sons of Pooran Singh filed a suit for declaration against Bachan Kaur, Chhoto, Phino and Punjab Kaur daughters of Bachittar Singh alleging that all the aforesaid daughters of Bachittar Singh (defendants No.1 to 4) are happily married. Bachittar Singh used to reside with the plaintiffs. Bachittar Singh executed an unregistered Will Ex.P1 in favour of the plaintiffs. On the basis of the Will mutation dated 31.7.1990 was also sanctioned. Defendant No.1 filed duly sworn affidavit PW5/4 and suffered a statement Ex.P5 at the time of sanction of Mutation. However, subsequently because of undue influence of her husband, she RSA No.3041 of 2000 - 2 - started to assail the entry in mutation effected as per Will Ex.P1. The Mutation was ultimately reversed in appeal by the revenue authorities as the Will was not accepted. In the present suit, the plaintiffs have challenged the said Mutation and claimed themselves to be the owner in possession on the basis of the Will. The plaintiffs remained unsuccessful before the Courts below and filed the present Regular Second Appeal which was admitted on 19.9.2002. Now, through present application C.M. NO.11106-C-08, the plaintiffs have stated that the parties to the dispute, namely the plaintiffs and Smt. Bhajan Kaur, the contesting defendant have entered into a compromise, and in pursuance thereof she has settled her claim against a sum of Rs.4 lacs and has also received the same from Pooran Singh. Mr.A.S. Jattana, counsel for the appellant has submitted that since the matter has been amicably settled between the plaintiffs and the defendants who are close relatives, The present appeal may be disposed of in terms of the compromise which is placed on record along with the application as Annexure P9. They testified the compromise, which they have accepted. The said Pooran Singh and Bachan Kaur are present in the Court and have been identified by their respective counsel. In view of the above, the present appeal is hereby disposed of in terms of the compromise Annexure P9. No costs. (RAKESH KUMAR JAIN) 21.11.2008 JUDGE vivek