Judgement

Appeal (No. 54 of 1937) from a decree of the High Court (January 31, 1936) reversing a decree of the Subordinate Judge of Lyallpur (January 31, 1935).

One, Ishar Singh, who died childless on October 6, 1905, leaving him surviving a widow, Bishan Devi, and a brothers son, Sundar Singh, by his will, dated September 19, 1905, left certain properties, including " lands, situate at Lyallpur," to his wife, and declared that she should be the exclusive owner of them. He declared that his nephew, Sundar Singh, was of bad character and was to be totally disinherited. On November 12, 1906, Sundar Singh filed a suit in the Court of the District Judge, Peshawar, against Bishan Devi and others, claiming a declaration that the will of Ishar Singh was not valid and binding upon him as regards certain of the properties disposed of thereby, on the ground that they had all been acquired out of joint funds of a joint family business; the plaint stated that "a separate suit will be "brought for recovery of the ornaments, valued at Rs.15,000, "other movable property and lands situate at Lyallpur "which are in possession of the defendants."

The suit of 1906 was compromised in June, 1907, and on June 11, 1907, a decree was passed on the terms and under the conditions embodied in the deed of compromise, which provided (inter alia) that the lands at Lyallpur should belong to Bishan Devi for her life and on her death to Sundar Singh and his male descendants.

On February 7, 1929, Bishan Devi purported to make a gift of one portion of the Lyallpur lands to her sisters son, Sangat Singh, and of another portion to a certain Gurdwara. In these circumstances the appellants, three of the sons of Sundar Singh, as the nearest reversioners of Ishar Singh, brought a suit on August 7, 1933, against Sangat Singh and the Gurdwara, and the fourth son of Sundar Singh, claiming a declaration that the gifts of land to Sangat Singh and the Gurdwara had no validity and effect beyond the life of Bishan Devi,

The facts appear more fully from the judgment of the Judicial Committee.

The trial judge, basing his judgment on his findings as to the validity and admissibility of the compromise, decreed the suit against the defendants.

On appeal the High Court (Rashid and Addison JJ.) held that the compromise deed was inadmissible for want of registration, and that it had not been established that Bishan Devi signed it after fully understanding its meaning and effect, and they allowed the appeal.

1939. Nov. 27, 28, 30, Dec. 1, 4. Sir Hari Singh Gour and R. K. Handoo for the appellants. Both sides accepted the compromise and acted upon it, and in this suit it has been repudiated for the first time. It is contended that the gift of the Lyallpur lands was bad as being beyond the powers of Bishan Devi. If the compromise is binding upon her, that is the end of the case. It was a perfectly good, fair and equitable compromise; there was no undue pressure, she was a free agent, and she was consulted on, and consented to, the compromise, and she signed it. The question of registration of the compromise deed does not arise, the matter became a proceeding in Court, and decrees do not require registration

s. 17 (1.) of the Indian Registration Act, III. of 1877. The case is concluded by the authority of Bindesri Naik v. Gangasaran Sahu (( 1897) L. R. 25 I. A. 9.), where it was stated that s. 17 of the Registration Act does not apply to judicial proceedings, whether pleadings of parties or orders of Court, and by the plain provisions of the Registration Act itself and of the Code of Civil Procedure. This compromise being a pleading in the case, intended to be a pleading and drafted as one, it does not require registration. The pleading merged in the decree, and the question is whether the Court had pecuniary and territorial jurisdiction over the Lyallpur property when the suit was instituted. Neither of the two Courts below had jurisdiction to go into the impropriety or appropriateness