AFFAN Vs. ASIA BEGUM

JUDGEMENT

(1.) THE facts are: on 16.6.1988 Affan and Gufran institute a lawsuit under Section 176 Z.A. and L.R. Act for partition of holding in the court of Assistant Collector, First Class, Azamgarh. The relief prayed for is as below.

(2.) THE cause in process for preparation of final decree. Again a compromise settling the division through qurras comes on 30.12.1988. On 16.1.1989 trial judge passes an order of final decree. The qurras are allotted to each co -tenant in holding.

(3.) PLAINTIFF Affan files an objection on 4.12.1991 saying compromise is result or candid wish to settle division of holding and there has been no whisper of any fraud. Also an affidavit in support of various allegations. A separate objection by plaintiff Gufran on 14.6.1994. He too files an affidavit; the contents are on identical lines. On 22.9.1994 trial court grants restoration. The orders of final and preliminary decree are rescinded.