RAGHUBIR SINGH Vs. RAGHUNATH RAI AND ORS.

JUDGEMENT

(1.) CM No. 9254/2010(Under Section 151 CPC) in RFA No. 41/2001

(2.) THE challenge by means of this first appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 19.8.2000 whereby the suit of the Appellant/Plaintiff for declaration and permanent injunction was dismissed firstly on the ground that the same was not maintainable in terms of the proviso to Section 34 of the Specific Relief Act, 1963 inasmuch as Appellant/Plaintiff had only claimed declaration although the Appellant was out of possession. The second ground for dismissing the suit was that by the compromise decree dated 19/12/1962 declaring that the all the parties had equal 1/4th share in the property, was passed with the knowledge of the Appellant/Plaintiff who could not therefore challenge the same at a later stage by the filing of suit after 14 years in 1976.

(3.) AFTER the pleadings were complete, the Trial court framed issues and the relevant issues necessary for disposal of this appeal are issue Nos. 1 and 4 which read as under: