MOST JIRIA DEVI Vs. CHHATIYA DEVI

JUDGEMENT

(1.) The respondents before us had filed a suit for declaration of title and possession impleading two sets of defendants. The first set of defendants are the appellants in this Court and the second set of defendants are the ones from whom the plaintiffs claimed to have purchased the land in question.

(2.) The plaintiffs had placed reliance on an alleged document. Exh. F stated to be a compromise arrived at between the first and the second set of defendants whereby 29 bighas of land including the land in question which measures 52 decimals, is alleged to have been given to the second set of defendants. As already noticed, it is from this second set of defendants that the plaintiffs alleged that they had purchased a parcel of land measuring 52 decimals of land which is the subject-matter of the present proceedings.

(3.) The trial Court after going into the evidence on record took into consideration the fact that the proceedings under Section 145, Cr.P.C. had concluded with the passing of the order dated 8th April, 1948 and the alleged compromise Exh. F was supposed to be dated 5th May, 1948. The trial Court dismissed the suit having come to the conclusion that Exh. F, the certified copy of the alleged compromise, was not helpful to the plaintiffs.