QASIM ALI Vs. MOHAR ALI

JUDGEMENT

(1.) This reference is here by the order of Additional Commissioner dated 2-12-1996 urging to set aside trial Court's dated 3-6-1996 - an order granting restoration at the instance of Mohar Ali in an action under Sec. 229-B Z. A, and L. R. Act.

(2.) On 4-7-1981 Qasim Ali institutes a law-suit under Sec. 229-B Z. A. and L. R. Act in the Court of Assistant Collector, Pratapgarh. The pleading it that land is ancestral trailing down from his grand-father Wahid Ali, That he is a co-tenant and entitled to 1/2 share in the holding with uncle Mohar. Ali, defendant here. The relief of a declaration that he is a co-bhumidhar tenant in possession is prayed for.

(3.) An alleged written statement by Mohar Ali on 1-8-1981. On 13-5-1982 a compromise admitting the claim for 1/2 share in the holding. Defendant Mohar Ali is identified by an Advocate. Qasim Ali has not apended his signature but Shri Brij Kishore Ojha, Advocate stands on his behalf. It is formally verified. On 31-5-1982 the suit is decreed in terms of compromise by the order of trial fudge Shri R. N. Lal.