SURENDRA NATH RAI Vs. PRAHLAD SINGH

JUDGEMENT

(1.) A suit or a Civil appeal can be decided on the basis of compromise under Order 23, Rule 3 of the Civil Procedure Code (CPC) but 'whether a writ petition in the nature of certiorari, which lies on the error apparent on the face of the record, can be decided (allowed) on the basis of a compromise' is a question involved in these cases. The Facts

(2.) One Abhilash Singh was common ancestor of the parties. He had three sons. Hanuman Dayal Singh, Hari Narain Singh and Shiva Narain Singh. The successors-in-interest of Hanuman Dayal Singh and Hari Narain Singh (the plaintiffs) are on one side; one of the grand daughters of Shiv Narain Singh namely, Smt. Ram Kumari alias Rama Devi and her husband Surendra Nath Rai (the defendant-appellants) are on the other side.

(3.) The dispute in second appeal No. 1271 of 2000 is in respect of house No. D-44/182-A, Bagh Rani Bhawani (Ramapura), Varanasi. Smt. Shyam Kunwar, the mother of Smt. Ram Kumari and daughter in law of Shiv Narain Singh, was recorded in the Municipal records over the same. She executed a sale deed in respect of this house in favour of her son-in-law Surendra Nath Rai (husband of Smt. Ram Kumari) on 13-10-1977. The plaintiffs filed a suit for declaration that Smt. Shyam Kunwar was merely a benamidar and the sale of the disputed, house was illegal. This suit was decreed on 26-5-1989. Defendant-appellants filed an appeal before this Court. The Court granted an interim order on 7-8-1989 staying their dispossession on deposit of money. This appeal was later transferred to the District Courts; it was dismissed on 21-9-2000. The defendant-appellants have filed the second appeal.