- (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 to Harmel defendant No.4. 2. That Harmel Kaur would be entitled to get the land cultivated or to lease it out and to utilize its income for herself, wherever she likes. 3. That she would not sell or mortgage this land. She would however be responsible for the payment of land revenue or any other Govt. Tax from time to time. 4. If during the lifetime of Harmel Kaur, Gurdial Singh gets back the land from her he would pay her Rs. 50/- per month as maintenance. 5. If Gurdial Singh died before Harmel Kaur, then, in that case, Harmel Kaur would be entitled to get her share from the said land as a legal heir in accordance with the law. 6. The maintenance allowance of Rs. 25/- per month already being paid to her, shall be stopped. 7. Harmel Kaur shall also be entitled to keep her residence at V. Mehraj in the house belonging to Gurdial Singh. 8. Harmel Kaur also thumb marked this agreement/ compromise and agreed that in case the land is taken away back by Gurdial Singh, then she would get Rs. 50/- per month as maintenance from him." Exh P-3 is dated December 3, 1963.
(3.) Gurdial Singh died on July 30, 1981.;