JEEVANLAL Vs. DEEPCHAND

JUDGEMENT

(1.) This revision has been filed by the applicant-plaintiff under section 115, Civil Procedure Code against the order dated 22-2-2006 passed by learned 1st Additional District Judge, Damon in Civil Suit No. 32-A/2003 whereby the suit of plaintiff has been disposed of on compromise basis. The contention of learned counsel for the applicant-plaintiff is that earlier an appeal was filed before this Court which was registered as F.A. No. 319/2006 but it was disposed of by giving direction to the applicant-plaintiff to file civil revision since against the compromise decree an appeal is specifically barred under section 96(3), Civil Procedure Code. Hence the said appeal was permitted to be withdrawn with liberty to file this revision application. Eventually, this revision application has been filed.

(2.) Indeed, a suit for declaration that plaintiff-applicant is the owner of the suit house (the description whereof is mentioned in the plaint) and for injunction that first and second defendants namely Deepchand and Smt. Alka Jain may not interfere in the possession of the plaintiff has been filed by the applicant-plaintiff. During the pendency of the civil suit good sense prevailed in the minds of the parties as a result of which compromise application was submitted to get the suit decided on compromise basis. On bare perusal of the said application for compromise, this Court finds that it was agreed upon between the parties that the defendant No. 1 Deepchand shall be the owner of smaller house, the description whereof is mentioned in the compromise application. However, the bigger house shall be owned and possessed by the plaintiff-applicant with a further stipulation that he will pay a sum of Rs. 3,00,000/- to defendant No. 2 Smt. Alka Jain. According to the compromise application, a sum of Rs. 35,000/- shall be paid within a period of one month and the balance amount of Rs. 2,65,000/- shall be paid within a period of one year. Further it has been averred in the application that if the plaintiff fails to pay a sum of Rs. 3,00,000/- as per the aforesaid arrangement, the defendant No. 2 Smt. Alka Jain shall be entitled to recover possession of the bigger house from plaintiff. However, in case plaintiff pays the said amount of Rs. 3,00,000/- to the defendant No. 2, his possession shall be continued in that house.

(3.) In support of compromise application the parties examined themselves in the trial Court and the learned trial Court has decreed the suit in terms of the compromise mentioned in para 13 of the impugned order.