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1974 Supreme(P&H) 81

P.C.PANDIT, RAJENDRA NATH MITTAL
Nand Singh – Appellant
Versus
Nachhatar Singh – Respondent


Judgment

PREM CHAND PANDIT, J.

1. The facts giving rise to this letters patent appeal are these, Isher Singh, a Sidhu Jat of village Kaoni, Tehsil Muktsar, District Ferozepur, was the last male-holder of the property in dispute. He died on 12th April, 1942, leaving behind a widow Shrimati Har Kaur and her step-son Nand Singh. The mutation of the estate of the deceased, including the land in dispute, measuring 155 Kanals 15 Marlas, was got effected by Har Kaur in her own favour. At that time, she never mentioned to the Revenue Authorises even about the existence of Nand Singh. In 1944, Nand Singh brought a suit against Har Kaur for possession of the entire land left by his father on the ground that he, being his son, was entitled to the same. During the pendency of that suit, a compromise was effected between the parties on 19th June, 1945, by which Har Kaur gave up possession of l/3rd of the propert left by Isher Singh and with regard to the remaining 2/3rd it was settled that she would remain in its possession during her lifetime, but would not alienate the same without consideration and legal necessity. After her death, even this 2/3rd share would go to Nand Singh. This compromise
























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