- (1.) The appeal is preferred against the judgment of a learned Single Judge of the Allahabad High court dismissing the writ petition filed by the petitioners.
(2.) One Todar Mal had three sonslekhi Ram, Attar Singh and Murari Lal. Lekhi Ram died in 1953. He had no sons. He left behind his wife Anandi Devi and a daughter Shanti Devi. In the year 1943, Lekhi Ram and Attar Singh (who too did not have any sons) executed a will in respect of their joint family properties in favour of Murari Lal. Disputes arose between Anandi Devi and Murari Lal soon after the death of Lekhi Ram in 1953. While the dispute was pending before the Panchayat Adalat Niwadi, District Meerut (in Case Nos. 31/1 and 31/2 of 1983 a settlement was arrived at between Anandi Devi and Murari Lal, which was reduced to writing on 18/7/1953 and filed before the Panchayat Adalat. The memo/application filed by the parties reads as follows: "In the above case, we, both the parties have made mutual compromise. Both parties will abide by it and hence would have no objection. The decision is as under: The property assigned to Smt Anandi: 3258 309 Khewat/100 2111/2 31/8 Khewat 97 3361 3362 Khpwat 26 643 668 742 812 2734 292782 2924 8111/8 911 111/1 1/1 1/ 1/ 111/ 111/ 1/ Khewat No. 48 solely belongs to Smt Anandi which Lekhi Ram purchased by sale deed and Anandi has right upon them. Out of ancestral Khewat No. 107 which was willed by Lekhi Ram in favour of Murari Lal, 4 numbers were given to Anandi by Murari Lal. The one Khata whose boundaries as under 176/111/1 3022/1/1 306/2/4 1008/11 Khewat 107 boundaries bazar in the East, in West with Ch. Jaghir Singh and Bishambar in the North courtyard and pathway South ahata Chandra Swarup and Khewat 72 was obtained by Lekhi Ram by sale deed. Except for these 4 numbers, the property in favour of Murari Lal in the remaining part of the will consists of Khewat 97, 93, 107, 143, 16, 228, 247, 125 and 126 and out of 2923/1/4 fourth biswa is that of Anandi. Tl of Anandi 18/7/1953 Sd/- Murari Lal"
(3.) By an order dated 14/9/1953 the Panchayat Adalat disposed of the aforesaid cases in terms of the said compromise. The order of the Panchayat Adalat reads thus: "After his death a dispute arose about the property of Lekhi Ram son of Todar Mal. One application was filed for transfer Entry 31/1 by Smt Anandi, widow of Lekhi Ram. The other application 31/2 was filed in 1953 by Murari Lal, brother of Lekhi Ram. Both the parties describe themselves as heirs of Lekhi Ram. File has been prepared but parties have reached a compromise which is decreed. Murari Lal has filed a will dated 20/11/1943 which is a registered will of Lekhi Ram and Attar Singh. A perusal of will shows the share of late Lekhi Ram in Khewat Nos. 93 and 97, 107, 143, and 16, 128, 247, 125, 126 and the house. These were acquired by Murari Lal after demise of Lekhi Ram. Besides this there is residential and agricultural landed property of Lekhi Ram which is self-acquired which is apart from the will and Anandi is the permanent owner of these properties. They are now relatives and they do not have any litigation in future. Therefore Murari Lal who is owner of 176/111/4, 3022/19, 306/2/4 and 1008/9, Khewat 107 and the house bounded by bazar in East, house of Raghubir Singh in the West, courtyard and public way in the North and ahata Chandra Swarup in the South has given the same to Smt Anandi. Smt Anandi has no connection with the remaining property willed by Lekhi Ram by deed dated 20/11/1943. Murari Lal has no claim over the self-acquired property of Lekhi Ram which is not part of the will. The parties have taken possession of their shares by compromise. Therefore both the applications are decided with the consent of the parties. Sd/- Seal Adalat Panchayat Chiranji Lal Sarpanch. ";