RANJIT BISWAL Vs. MST. USHA SANDHA AND ORS.

JUDGEMENT

(1.) PLAINTIFF has filed this second appeal against the reversing judgment of Sri C.S. Misra, subordinate judge of Bargarh, dated the 20th November, 1964, passed in Title Appeal No. 59/656 of 1963, dismissing the suit.

(2.) THE Plaintiff filed the suit for declaration that the deed of gift executed by Mst. Chhai, mother of Defendant -1, in favour of the latter on 20.5.1950, is not binding upon the Plaintiff and is inoperative and also claims the relief of recovery of possession of the land with the house thereon which is the subject -matter of the deed of gift.

(3.) DEFENDANTS 1 and 2 filed a joint written statement. The genealogy is admitted. They say that Defendant -1 acquired a valid title to the suit -property on the footing of the deed of gift. In 1957, the Plaintiff created a dispute by preferring a false claim to the suit -land and on the intervention of some respectable gentlemen of the village a settlement was arrived at between the Plaintiff and Defendant -1 and each of the disputing parties, viz., the Plaintiff and Defendant -1 executed a document in favour of the other on 19 -10 -1957, containing the terms of the settlement of their rival claims. This document is merely a memorandum of terms of such settlement. This settlement was valid and voluntarily made. There is also a plea of estoppel raised: the Plaintiff being a party to the settlement and having taken benefit under it and in token of voluntary acceptance of the same, having put his signature to the memorandum of the terms of such settlement, is estopped from disputing its validity. In 1958, despite the settlement, the plain tiff trespassed upon the suit -land. There was a criminal case which ended in conviction of the Plaintiff. This was followed by a proceeding under Section 145, Code of Criminal Procedure in respect of the suit -land which terminated in favour of the Defendants. This has led the Plaintiff to file the present suit.