THAGGA MALLAH Vs. BADRI SINGH

JUDGEMENT

(1.) The present second appeal has come up before this Bench because of a reference having been made by a learned single Judge of this court.

(2.) The plaintiff appellant, Thagga Mallah, had purchased plot No. 1658 and used its northern portion for cultivation and the southern portion as sahan land. The south eastern corner of the said plot was given to one Ram Janam for constructing a house. South east to Ram Janam's house is situate a Well in plot No. 1659.

(3.) Suit No. 1/8/17 of 1963, was filed by the respondents Badri Singh and Vijay Bahadur Singh for recovery of a sum of Rs. 484 for compensation caused by the destruction of their crops, as the nali which, passed through the sahan of Thagga Mallah, had been stopped by him. This suit had been filed in the Nyaya panchayat, NawaK. The suit was, ultimately, compromised between the parties. By virtue of the said compromise, the respondents were given a right to flow water over the land of the plaintiff-appellant. This compromise was accepted by the Nyaya Panchayat and the suit was filed. The order dated 26th Apr. 1965 by which the Nyaya panchayat accepted the compromise, was challenged in revision under Section 89 of the U. P. Panchayat Rai Act This revision was also dismissed by the revisional court. Thereafter, the plaintiff-appellant has filed the present suit for a declaration to the effect that the compromise dated 26th April, 1965 filed in the Panchayati Adalat was illegal, ineffective and not binding on the plaintiff appellant.