SANT BHUSHAN LAL Vs. BRIJ BHUSHAN

JUDGEMENT

(1.) "This regular first appeal by Sant Bhusan Lal plaintiff is directed against the judgment and decree of the learned Subordinate Judge 1st Class, Delhi, whereby he dismissed the plaintiff-appellant's suit.

(2.) Sant Bhusan Lal plaintiff is the son of Munshi Lal defendant No. 3 from the latter's second wife, Puran Devi. BriJ Bhushan Lal and Onkar Bhushan Lal are the sons of Munshi Lal from his first wife, who died before his man iage with Puran Devi. On 23rd January, 1945 Munshi Lal, defendant No. 3, on his own behalf and as next friend of Sant Bhushan Lal plaintiff, who was then minor, brought a suit for partition and separation of the then plaintiff's 2/5th share in the house in dispute bearing Municipal No. 500, situated in Kundewalan Street, AJmeri Gate, Delhi. Brij Bhushan Lal and Onkar Bhushan Lal, sons of Munshi Lal, were defendants I and 2 in the aforesaid suit. Puran Devi, wife of Munshi Lal, was the third defendant in the suit. A preliminary decree for partition of the house was awarded in that suit on 25th June, 1946. It was directed that the share of each of the two plaintiffs as well as of each of the three defendants would be l/5th in the house. During the course of the proceedings subsequent to the preliminary decree a compromise was entered into between the parties on 13th November, 1952 and the same was embodied in the statement of the parties which was recorded by the Court. The statement reads as under :-

(3.) On 25th April, 1957 Sant Bhushan Lal plaintiff brought the present suit for declaration that the compromise dated 13th November, 1952 and the decree based thereon was not binding upon the plaintiff as the above compromise was against the interest ,if the plaintiff. Further relief by way of injunction was sought against Brij Bhushan Lal and Onkar Bhushan Lal, defendants I and 2, restraining then from executing the above-mentioned decree.