VISHWA MITTAR Vs. JIT SINGH

JUDGEMENT

(1.) THE unsuccessful plaintiff-appellants have assailed the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge dismissing their suit for mandatory injunction directing the defendant-respondents to leave a passage as per terms of the compromise recorded in Civil Suit No. 32 of 1975 decided on January 3, 1975, in this regular second appeal.

(2.) THE facts : the plaintiff-appellants (hereinafter the plaintiffs) filed civil suit No. 32 of 1975 for restraining the defendant-respondents (hereinafter the defendants) from blocking the passage shown as 'abcd' leading to their fields from the main road, comprised in Khasra No. 2064/1302 and 1065/1302, by erecting a field boundry at point C that the suit ended in a compromise on the statements of the parties ; that in accordance with the compromise, the parties left a path and agreed to preserve the same ; that the suit was dismissed in terms of the compromise duly recorded in Court ; that the plaintiffs had been using the path, but six months prior to the filing of the suit, the defendants started cultivating the land underneath the path and this necessitated the filing of the present suit as stated above.

(3.) DEFENDANT No. 1 admitted that civil suit No. 32 of 1975 had been filed. The other pleas were denied and it was pleaded that the alleged compromise was never acted upon ; that the other co-sharers through whose land the passage was carved out were not made parties to the suit ; that though the mutation was entered in terms of the compromise but was rejected.