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1995 Supreme(SC) 1133

B.P.JEEVAN REDDY, S.B.MAJMUDAR
Nazar Singh – Appellant
Versus
Jagjit Kaur – Respondent


ORDER

B. P. Jeevan Reddy, J.

1. Leave granted. Heard counsel for the parties.

2. This appeal is preferred against the judgment and decree of the Punjab and Haryana High Court dismissing the second appeal filed by the defendants-appellants. The suit for "possession of the land (suit lands) to the extent of 7/8th share" has been decreed by the trial Court and affirmed in appeal and second appeal.

2A. Gurdial Singh was a resident of a village in Bhatinda district in Punjab. He owned 94 kanals and 19 marlas of land in the village. He was working as an employment officer in Madhya Pradesh. The relations between him and his wife, Smt. Harmel Kaur, were strained. They were living apart. Harmel Kaur filed a petition under Section 488 of the Criminal Procedure Code (old Code) for grant of maintenance. In those proceedings, a compromise was arrived at between Gurdial Singh and Harmel Kaur whereunder the suit lands (94 kanals and 19 marlas in extent) were given to Harmel Kaur in lieu of her maintenance. The compromise entered into between them is evidenced by Exh. P-3. The lands were given to Harmel Kaur subject to the following conditions:

"1. That the possession of the land in dispute was given




















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