JODH SINGH Vs. SOHAN SINGH AND ANOTHER

JUDGEMENT

(1.) By way of instant revision petition under Article 227 of the Constitution of India, plaintiff Jodh Singh has impugned order dated 02.12.2011 (Annexure P-6) passed by learned Civil Judge (Senior Division), Kapurthala, thereby dismissing application (Annexure P-4) moved by plaintiff-petitioner under Order 23 Rule 1 (Order 23 Rule 3 ) of the Code of Civil Procedure (in short - CPC) for deciding the suit as per terms of compromise contained in statement dated 26.02.2010 (Annexure P-1), made by the plaintiff along with his counsel and by counsel for contesting defendant-respondent no.2.

(2.) In the suit, plaintiff has claimed himself to be owner in possession of the suit land measuring 07 kanals 16 marlas. The plaintiff has challenged gift deed dated 28.11.2000 of the suit land and other land executed by defendant-respondent no.1 Sohan Singh in favour of defendant-respondent no.2 Gurudwara alleging that defendant no.1 was not competent to execute any conveyance deed qua the suit land having no right, title or interest therein. Plaintiff also sought permanent injunction. The plaintiff alleged that he is in actual possession of the suit land, whereas defendant no.1 was in possession of land of other khasra numbers, which fell to his share, but in the gift deed, khasra numbers of suit land were inadvertently written on account of wrong jamabandi.

(3.) On 26.02.2010, on the suggestion of the trial court, parties came to some sort of understanding, for which statement (Annexure P-1) was recorded. The said statement is reproduced hereunder :