SM KAMAL MUKHI DEVI Vs. SIYA RAMAN PRASAD SHARMA SINGH

JUDGEMENT

(1.) The appellant, Shrimati Kamal Mukhi Devi, is the mother of the three respondents, Siyaramcm Prasad Nftrain Sharma, Shatrudaman Prasad Narain Sharma and Dalastambhan Prasad Narain Sharma. The father of these respondents and husband of the appellant, Shri Harivansh Prasad Naidu Sharma died some time in the year 1943 leaving behind immoveable properties, situate both in the United Provinces, as it then was, and Bihar. These properties included Zamindari interest belonging to the family. In 1944, the names of the appellant as also those of the respondents were duly mutated in all the properties belonging to the family. On the 29th September, 1951, a family arrangement was arrived at between the mother and her three sons settling domestic disputes among them. A registered document came into existence duly executed by the parties by which the properties were divided into three equal shares and allotted to the three respondents, but a fourth share was carved out of the three shares allotted to the three sons consisting of the properties taken proportionately from the three shares of the sons and allotted to the mother to be possessed and enjoyed by her during her life time and after her death the properties were to revert to the share of the three sons in the manner in which they were taken out of their shares.

(2.) After the passing of legislations both in Utter Pradesh and in Bihar for abolition of Zamindari, the Zamindari properties of this family in Utter Pradeshwere taken over by the Government of that State under the Utter Pradesh Zamindari Abolition and Land Reforms Act (1 of 1951). A suit was filed by respondent No. 1 Siyaraman Prasad Narain Sharma for payment of compensation in respect of his share in Utter Pradesh. That suit, however, comprehended only the properties lying in Utter Pradesh without any reference whatsoever to the properties lying in the State of Bihar. That suit, however, was compromised between the mother and the sons and the compromise was duly recorded by the court in seisin of the suit on the 30th of July, 1957. Under the terms of the petition of compromise a fresh arrangement was agreed to by the parties apparently modifying the terms of the family arrangement of 1951 by which the mother, namely, Shrimati Kamal Mukhi Devi was entitled to get 14 maunds of grain being 7 maunds of paddy, 5 maunds of wheat, one maund of Gram, one maund of Gur and Rs. 140/- in cash per annum from each one of her sons and in lieu of it she agreed to forgo her interest in the family properties, and consequently in the compensation money payable by the 'State of Utter Pradesh to the landlords who were dispossessed by virtue of the State enforcing the right to take over Zamindari properties. It may be stated that the petition of compromise related not only to the properties lying in Utter Pradesh, although the suit was confined to those properties but it covered the properties lying in the State of Bihar as well.

(3.) After the estate of this family was taken over in Bihar as well under the Bihar Land REforms Act, 1950, a dispute arose between the mother and her sons also with regard to the right of the former to receive compensation in respect of the Zamindari properties of the family. It may be stated that of the three sons, Siyaraman Prasad Narain Sharma alone contested the claim of the appellant to get any share in the compensation money payable in respect of the estate of the family which came to vest in the State of Bihar, 'but the remaining two sons, respondents 2 and 3 did not challenge the right of their mother to get her share of the compensation.