R.S.A.No.1653 of 1986 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. R.S.A.No. 1653 of 1986 Date of decision: 1.12.2011. Gurbax Singh through his L.Rs. ...Appellant Versus Moola Singh through his L.Rs. and others ...Respondents 2. R.S.A.No. 2502 of 1986 Kanwar Naunihal Singh and others ...Appellants Versus Bhagat Singh (deceased) represented by L.Rs. and others ...Respondents CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA. Present: Mr. M.S.Rakkar, Senior Advocate with Mr. P.S.Baath and Mr. F.S.Virk, Advocates for the appellant. Mr. Arun Nehra, Advocate for the L.Rs. of respondent No.1 in RSA No.1653 of 1986 and L.Rs. of respondent No.5 in RSA No.2502 of 1986. Mr. Kuldeep Singh Sidhu, Advocate for the L.Rs. of respondent no.2 in RSA No.1653 of 1986 and L.Rs. of respondent No.6 in RSA No.2502 of 1986. ***** G.S.SANDHAWALIA, J (ORAL). 1. This order shall dispose of Regular Second Appeals No.1653 of 1986 and 2502 of 1986 in view of the compromise arrived at between the parties. However, the fact are being taken from Regular Second Appeal No.1653 of 1986. 2. The plaintiffs Moola Singh and Doola Singh had filed a suit for declaration that they were owners in possession of 33 kanals 19 marlas of R.S.A.No.1653 of 1986 -2- **** land bearing Khewat No.40 Khatauni No.46 Rectangle No.21, Killas No.2,22/2/2,22/2/1/-25/2, Rectangle No.25, Killa No.5/1, Rectangle No.25, Killa No.1/10/1, Khasra No. 113/5-183 situated in revenue estate of village Tamkaudi, Hadbast No.332, Tehsil Samrala regarding the share of land owned by their uncle Dalip Singh on the strength of the will dated 16.7.1975. The said suit had been decreed in favour of said plaintiffs Moola Singh and Doola Singh, now represented by their legal representatives Avtar Singh, Lakhwinder Kaur and Simarjit Kaur in case of Moola Singh and Darshan Kaur daughter of Doola Singh vide judgment and decree dated 20.11.1980 but it had been held that suit was not maintainable, since the plaintiffs were not in possession and thus not entitled for a declaratory decree. 3. That three Civil Appeals came to be filed before the Lower Appellate Court, namely, Civil Appeal No.28/14/145 of 1981/1983 by Moola Singh and Doola Singh plaintiffs challenging the finding regarding the maintainability of the suit whereas; Civil Appeal No.27/11/249 of 1981/1983 was filed by Kanwar Naunihal Singh and others, wherein they claimed rights under the registered will dated 16.6.1961 being legal representatives of Gurbachan Singh, brother of Moola Singh and Doola Singh and Civil Appeal No.35/12/248 of 1981-1983 was filed by Gurbax Singh alleging that one Bhagat Singh who was the brother of deceased Dalip Singh had executed a will dated 23.5.1977 in his favour and since Bhagat Singh was the sole legal heir of Dalip Singh, therefore, the property by natural succession had accrued to him and the other wills had no consequence. 4. The Lower Appellate Court vide judgment and decree dated 12.5.1986 allowed the appeal filed by Moola Singh and Doola Singh by R.S.A.No.1653 of 1986 -3- **** accepting an amendment incorporating the relief of possession and held that they were entitled to take possession of 33 kanals 19 marlas of land and dismissed the appeals filed by Kanwar Naunihal Singh and Gurbax Singh. Accordingly, the present two appeals have been filed by Gurbax Singh and Kanwar Naunihal Singh challenging the judgments and decrees of the Courts below. That at the time of admission of the appeals vide order dated 8.9.1986, it was contended that the family arrangement Ex. DW7/A had not been taken into consideration and the appellants were protected from being dispossessed from land measuring 10 kanals 19 marlas out of 33 kanals 19 marlas and the decree holder-respondents could execute the decree with regard to remaining land. That, subsequently on 16.4.1987, clarification was made that which of the 10 kanals of land would remain in the possession of the appellants. Accordingly, the parties have been in possession for the last more than two decades. That when the case was taken up for hearing on 20.10.2011 and thereafter on 4.11.2011, the parties agreed to settle their dispute inter-se as they were all nephews of Dalip Singh and further legal representatives of the same family. Accordingly, a compromise deed dated 18.11.2011 was filed on 25.11.2011 before this Court, original of which has been placed on record as Mark 'A'; wherein the legal representatives of Gurbachan Singh, defendant no.3 and appellants herein have been referred to as party No.1. They have agreed to give 1/7th share out of 33 kanals 19 marlas to party no.2, who are legal heirs of the plaintiffs-respondents Moola Singh and Doola Singh and the remaining land is to go to the appellants and legal representatives of Gurbachan Singh. That further compromise has also been effected amongst the legal representatives of Moola Singh and Doola R.S.A.No.1653 of 1986 -4- **** Singh wherein Avtar Singh son of Moola Singh is to get the benefit of the 1/7 share and his sisters Lakhwinder Kaur and Simarjit Kaur have given up their rights in favour of Avtar Singh. Similarly Darshan Kaur d/o Doola Singh has received consideration for compromising the matter and she has no objection if 1/7th share goes to Avtar Singh and the balance remains with the appellants and legal representatives of Gurbachan Singh in both the appeals, namely, party no.1. Statements of the parties have been recorded separately and they have been identified by their respective counsel. Accordingly, both the appeals are allowed and the judgment and decree of the Courts below are modified to the extent that the parties to the compromise are owners of land measuring 33 kanals 19 marlas as detailed above out of which 1/7th share will go to Avtar Singh son of Moola Singh. The decree be prepared as per compromise Mark 'A', translated copy of which is placed on record as Annexure C-1. December 01, 2011 (G.S.SANDHAWALIA) Pka JUDGE R.S.A.No.1653 of 1986 -5- ****