BHAIYA LAL Vs. PHERAN

JUDGEMENT

(1.) N. S. Ravi, J. This revision petition has been filed against the order passed by learned Additional Commissioner, Jhansi Division dated 28-11-1980 and 29-12-1995 in Appeal Nos. 45/43, 1979.

(2.) BY the order dated 28-11-1980 the learned Additional Commissioner allowed the appeal on the basis of the alleged compromise dated 28-11-1980 between the parties and by order dated 29-12-1995 the learned Additional Commissioner rejected the review petition of Bhaiya Lal on the ground that the original order was passed on the basis of compromise between the parties which was duly attested by their respective advocates before the Court. The instant revision has been filed against these orders on the ground that the learned Additional Commissioner had no jurisdiction to accept the so called compromise which was not submitted before the trial Court and secondly that Bhaiya Lal never put his signatures on the so called compromise and the same is a forged document and thirdly that the revisionist has 1/2 share in the property in dispute whereas the respondents Pheran and Ramna who are real brothers and sons of Mannua have 1/4 each share in the property in dispute.

(3.) THERE was no occasion before the learned Additional Commissioner to accept a fresh compromise and decree the suit especially when out of three contesting persons respondent Nos. 1 and 2 were sons of one single father and revisionist was son of father. Moreover, if any document was submitted before the revisional Court the same should have been remanded back to the trial Court for adjudication. The learned revisional Court has under-taken the burden of trial Court inasmuch as it has itself accepted so called compromise.