S.C.AGRAWAL, S.MOHAN
Vinay Krishna – Appellant
Versus
Keshav Chandra – Respondent
Certainly. Here are the key points derived from the provided legal document:
These points summarize the legal reasoning, the scope of the relevant statutory provisions, and the procedural considerations relevant to this case.
JUDGMENT
The donor of the appellant Smt. Jamuna Kunwar filed suit No. 23/63 for a declaration of the title with respect to three properties bearing Nos. 51, 52 and 53 Civil Lines, Bareilly. The defendants Keshav Chandra and Jagdish Chandra are her sons. It appears that Keshav Chandra filed Suit No. 46 of 1956 on the file of learned Civil Judge, Bareilly claiming a share in the properties described in the plaint schedule attached thereto against Smt. Jamuna Kunwar and his two brothers Jagdish Chandra and Gokul Chandra. A compromise was entered into between the parties. Based on the compromise the Civil Judge, Bareilly passed a decree dated 26-2-1960. The relevant clause in the compromise which has a bearing in this case reads as follows:
"The income from the entire disputed property will be received by Smt. Jamuna Kunwar defendant No. 3 for her entire lifetime. She will have the absolute right to spend the income. In the disputed property, after excluding the property worth Rs. 20,000/- the plaintiff and defendants Nos. 1 to 3 have equal shares i.e. every one is the owner of 1/4th share."
The decree passed on this compromise to the following effect:
"1. The income from the entire dispu
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