RANVIR SINGH Vs. SUKHBIRI

JUDGEMENT

(1.) These are two connected appeals filed against the judgment and decree of the Additional Commissioner, Meerut Division, Meerut dated 12-3-1973 through which the appeals filed against the judgment and decree of the judicial Officer (Revenue) Meerut dated 7-9-1970 were dismissed.

(2.) The facts of these cases are that Smt. Sukhbiri brought two separate suits under Sec. 176 of the U.P.Z.A. & L.R. Act for the partition of her 1/4th share in the land in suits. The suit was contested on the ground that the plaintiff had no title. The suit was however decreed and the plaintiff's share was held to be 1/4th. The appeals filed by the defendants were also dismissed, hence these second appeals. In these appeals a compromise was filed by the counsel for the appellant and the same was sent to the trial court for verification. The presiding officer of the trial court verified the compromise and forwarded the same to this court. An application has however been moved by the plaintiff Smt. Sukhbiri that she has not entered into any compromise and her thumb impression has been obtained by playing fraud upon her.

(3.) Heard the learned counsel for both the parties. Perused the record.