HARBIR AND OTHERS Vs. BHABHUTI

JUDGEMENT

(1.) The unsuccessful defendants who suffered a decree for declaration and permanent injunction at the hands of both the Courts below have preferred the present second appeal.

(2.) The plaintiff has contended in the plaint that he was owner in possession of the agricultural land described in the plaint. The defendants have no right, title or interest in the suit property. The defendants filed a Suit No.653 against the plaintiff with a view to grab the suit land from the plaintiff. On 20.9.1994, the defendants made illegal and unauthorized compromise playing fraud upon him and obtained 6 kanals 8 marlas of land comprised in Rect.No.31 killa No.12 and in lieu thereof defendants had given 1 kanal 12 marlas of land comprised in Rect.No.33 killa No.14. The plaintiff has suffered a loss in respect of land measuring 4 kanals 16 marlas. The plaintiff was an illiterate person. He had no knowledge of the terms and conditions of the compromise. The same was never read over and explained to him. The defendants obtained the signatures/thumb marks of the plaintiff on blank papers with an assurance that he would be given equivalent land to that of defendants. In this manner, the defendants had obtained a decree dated 20.9.1994 by playing fraud upon the plaintiff. The defendants also had got entered mutation No.1343 on the basis of the aforesaid decree. Alleging that the defendants in the guise of the impugned decree and the mutation entered in their names threatened alienation of alienate the suit land, the suit has been filed by the plaintiff seeking the aforesaid reliefs.

(3.) The defendants contended in the written statement that only in terms of the compromise arrived at between the plaintiff and the defendants, a judgement/decree dated 29.9.1994 was passed and thereby the defendants were declared as owners in possession of the land measuring 6 kanals 8 marlas towards Western side of Rectangle No.31 Killa No.12, whereas the plaintiff was declared owner of land measuring 1 kanal 12 marlas towards Eastern side of Rectangle No.31 Killa No.12. It was also agreed by the plaintiff that after passing of the decree dated 29.9.1994, the defendants would give him land measuring 1 kanals 12 marlas out of their land comprised in killa No.33/14 and in this manner the entire suit land comprised in killa No.31/12 would fall under the ownership and possession of defendants. As the comprise was duly signed by the parties, the plaintiff has no right to back out from the terms and conditions of the said compromise. No fraud was played upon the plaintiff by the defendants. Contending that the plaintiff was not entitled to get any relief in the suit, the defendants had sought for dismissal of the suit.