BHAJAN SINGH Vs. MURLI DHAR

JUDGEMENT

(1.) THAKUR Dass, vendor, sold 9 Bighas 18 Biswas of land on 1. 6. 1981, in favour of three persons, namely; Bhajin Singh. Prem Chand and Narinder Parshad (hereinafter referred to as vendees No. 1, 2 and 3 respectively ).

(2.) MURLI Dhar son of Thakur Dass filed a suit for declaration that the sale made on 1-6-1981, was not binding upon him because the property in dispute was H. U. F. property and the same could not be sold without consideration and legal necessity. Other allegation was that the land in dispute had been sold by his father without consideration and legal necessity. This suit was dismissed by the trial Court on 21. 8. 1984. Murli Dhar plaintiff filed an appeal which was dismissed by the first appellate Court on 29. 4. 1986 on the basis of the compromise. No written compromise was filed. Only the statement of Bhajan Singh vendee No. 1, was recorded in the presence of his counsel. Bhajan Singh vendee No. ! made a statement agreeing to pay Rs. 5,000/to Murli Dhar Plaintiff till 31. 12. 1986. o The order passed by the Court was conditional. If the amount was paid upto 31. 12. 1986 then the appeal filed by the plaintiff would have to be treated to having been dismissed and if the vendee failed to pay the amount of Rs. 5,000/- uptil 31. 12. 1986, then the appeal was to be treated as having been accepted and the suit filed by the plaintiff Murli Dhar as having been decreed.

(3.) BHAJAN Singh vendee No. 1 filed R. S. A. No. 2296 of 1986, which was disposed of in limine on 25. 9. 1986, with the following directions :