JYOTI VASWANI Vs. RESHMA VASWANI AND ORS.

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order of the learned Assistant District Judge, Shillong dated 19.06.2014 for dismissing the application being Misc. Case No. 31 (H) 2013 under Section 151 of the Code of Civil Procedure (for short 'CPC'), which was filed 24 years after the passing of compromise decree dated 15.05.1989 in T.S. No. 6 (H) 1988, for recalling the said compromise decree dated 15.05.1989 and also against the impugned order dated 20.10.2014 for dismissing the Review Petition No. 1 (H) 2014 for reviewing the said impugned judgment and order dated 19.06.2014 passed in Misc. Case No. 31 (H) 2013.

(2.) HEARD Mr. K Paul, learned counsel for the petitioner and Mr. B Bhattacharjee, learned counsel for the respondents. This case has a long chequered history. Sans detail, concise fact of the case, leading to the filing of the present revision petition is noted. In the year 1988, the respondent No. 1/plaintiff Smti. Reshma Vaswani filed the suit i.e. T.S. No. 6 (H) 1988 for declaration and injunction. The respondent No. 1/plaintiff is one of the owners of the undivided piece of land being Plot No. 43 having a total area of 9800 Sq.ft., and the share of the respondent No. 1/plaintiff is 1/4th (one fourth) which comes to 2450 Sq.ft. (more or less). The said piece of land is situated at Police Bazar and covered by Patta No. 63 issued by the Deputy Commissioner, East Khasi Hills, Shillong dated 20.01.1970. The respondent No. 1/plaintiff acquired 1/4th (one fourth) share in the said land by virtue of Registered Deed of Gift dated 15.01.1988 executed by (L) Smti. Parbati Bai, wife of (L) Odermal Thadani, who was the owner of the 1/4th (one fourth) of the said piece of land and whose name was duly mutated in Plot No. 43 of Patta No. 63 under an order passed in Mutation Case No. 28 of 1984 jointly with three others namely, Shri. Kishand Chand, Proforma Defendant No. 2, Proforma Defendant No. 3 Smti. Rukamani Bai, wife of (L) Lachman Das and Defendant No. 1 Shri. Ashok Bhagwandas, Son of (L) Bhagwandas, Police Bazar, G.S. Road, Shillong. The relief (s) sought for in T.S. No. 6 (H) 1988 are:

(3.) DURING the pendency of the said title suit i.e. T.S. No. 6 (H) 1988, the defendant No. 1 (Shri.Ashok Bhagwandas) gifted his share (i.e. 1/4) in the said piece of land to the present writ petitioner under the Gift Deed registered on 29.03.1989. The present petitioner filed an application for impleadment as a party on 08.05.1989 and vide order dated 08.05.1989, the present petitioner was allowed to be impleaded as one of the defendants in the said T.S. No. 6 (H) 1988. On 08.05.1989, a joint application for compromise was filed by the plaintiff/present respondent No. 1, the defendants including the present petitioner in the said T.S. No. 6 (H) 1988. The present petitioner as a defendant also signed the said application for compromise dated 08.05.1989. The said joint compromise petition dated 08.05.1989 reads as follows: - -