PRITPAL SINGH, J.

1. Ram Rakha was owner of the property in dispute consisting of 1/12th share in land measuring 12 Kanals 3 Marlas, a residential house, a workshop and a Bara situate in village Lohgarh alias Fidde, in district Ropar. On his death his daughter Smt. Raksha Rani filed a suit for possession of this property claiming to be the sole heir of the deceased. The suit was opposed by Ram Lal defendant, nephew of the deceased, on the plea that the property in dispute had been bequeathed in his favour by the deceased on the basis of a registered will dt. 12th April, 1978. Some other objections were also taken regarding the maintainability of the suit. On the pleadings of the parties a number of issues were framed by the learned trial Court. Statements of two witnesses of the defendant Ram Lal were recorded by the trial Court on 29th Jan. 1981. At that stage Smt. Raksha Rani and Ram Lal arrived at a settlement and their statements were recorded which were signed by them. The statement made by the defendant Ram Lal is as follows :-

"My will Exhibit D-1 has been accepted to be correct by the plaintiff. Since we are brother and sister, therefore, the land which I have inher