MAHARAJ KRISHAN Vs. IQBAL KRISHAN

JUDGEMENT

(1.) The defendant has moved the present application under Order XXIII Rule 3 read with Section 151 CPC, for recording adjustment of the suit vide a Writing/Memorandum of Understanding dated 3-11-1993. Defendant prays that the above compromise be recorded and suit be decreed in terms thereof. The execution of the Memorandum of Understanding dated 3-11-1993 between the parlies is admitted.

(2.) The application is opposed by the plaintiff on number of grounds. However, the principal ground being that as the mutually acceptable buyer at the mutually acceptable price, was not found within the stipulated time, the understanding lapsed and stood exhausted . It is urged that the Memorandum of Understanding was required specifically to be destroyed.

(3.) Let me recapitulate the facts in brief relevant for the disposal of the present application :-