Hardev Singh vs Baldev Singh & Ors
2022 Latest Caselaw 6441 P&H

DAILY LOK ADALAT                                    BENCH NO.3

RSA NO.610 OF 2002(O&M)             501
and CM No.2734-C of 2022
HARDEV SINGH & ORS. V/S BALDEV SINGH & ORS.

Present:   Mr. Amit Kumar Walia, Advocate
           for the appellants

           Mr. Lajpat Rai Sharma, Advocate
           for the respondents 2 to 10.

           ****

Baldev Singh filed a suit for declaration to the effect

that he is owner to the extent of 1/11th share in the land owned

by his father namely Sh. Puran Singh on his death. He also

challenged registered Will executed by late Sh. Puran Singh in

favour of his other four sons. The suit was decreed vide judgment

& decree dated 25.02.1999 by Civil Judge (Junior Division),

Patiala. Appeal thereagainst at the instance of the defendants 1

to 4 was dismissed vide judgment & decree dated 18.10.2021 by

Additional District Judge, Patiala. It is how this appeal at the

instance of original defendants 1 to 4. All the parties are

represented before us except, sole plaintiff-Baldev Singh (since

deceased) and his LRs have already been taken on record. The

appellants have moved an application being CM No.2734-C of

2022 for disposal of the present appeal by way of compromise

dated 07.02.2022, Annexure A-1 to the application, already on

record bearing the signatures and thumb impressions of the

parties. Heirs of the plaintiff-Baldev Singh are not present before

us and on a consideration of the matter, their presence is not

necessary so far as the disposal of this appeal is concerned as

his share to the extent of 1/11th in the disputed land is not in

question and has been admitted by all the parties and mutation

1 of 2

and CM No.2734-C of 2022

in respect of his 1/11th share has already been sanctioned

pursuance to decree of the Courts below and his name stands

recorded in the revenue record as is evident from Jamabandi (A-

2) on the file. In all aspects except for the share of plaintiff-

Baldev Singh i.e. 1/11th, the judgments and decrees of the

Courts below are modified in terms of the compromise dated

07.02.2022 (A-1) and to the extent that the rest of 10/11 share

in the land in dispute henceforth will belong to the original

defendants 1 to 4 in equal shares and for which Revenue Officer

concerned shall sanction the mutation in the Revenue Record in

favour of defendants 1 to 4 to the extent of 10/11 share in equal

share out of total suit land.

Judgment & decree in appeal is modified and the

appeal is disposed of in view of the compromise, marked 'A',

which shall form part of this order.

Copy of this order be supplied/sent to the

counsel/parties and file be consigned to record.

(G.C. GARG)

PRESIDENT

(N.K. KAPOOR) MEMBER July 08, 2022 NainaRajput

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