SHUSHIL KUER Vs. MAKKHAN LAL

JUDGEMENT

(1.) THIS is a plaintiff's appeal in a suit for declaration that the order of the Collector, Aligarh, dated 20-12-1947, under Section 54 (5), U. P. Tenancy Act, 17 of 1939 was ultra vires and not binding on the plaintiff. There was also a relief for injunction restraining the defendant from acquiring possession of the land in dispute by virtue of that order.

(2.) SOMETIME in 1940, the plaintiff-appellant applied under Section 54 of the said Act to the collector for the acquisition of some land held by the defendant-respondent on the ground that he (plff.) required it for his own purposes to build a house thereon. On 1-12-1942, a compromise was filed by the parties in the case initiated by this application in the following terms:

(3.) THE same day an order recording this compromise was passed by the Collector.