ASHOK Vs. SURESH CHAND

JUDGEMENT

(1.) For the reasons recorded, this application is allowed. Appeal is restored t its original number. With the consent of learned counsel main appeal is taken up for hearing.

(2.) This appeal has been filed against concurrent judgments of the Courts below decreeing the suit of the respondents for injunction restraining the appellant from using the property in dispute as passage. Both the courts found that in partition proceedings before the revenue authorities the matter had been compromised and the Naksha Be and Sanad Taksim had been prepared on the basis of the said compromise. Both the courts further found that the allegations of fraud with regard to the said compromise were not proved by the appellant.

(3.) The following questions have been proposed:-