SURJIT SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) The defendants are in second appeal aggrieved against the judgment and decree passed by the courts below arising out of suit for permanent injunction filed by Balwinder Singh on 23.5.1981 in respect of land measuring 85 kanals 10 marlas.

(2.) One Harnam Singh was owner of the suit land. On 8.5.1981 by virtue of sale deed Ex.D.1, land measuring 32 Kanals 7 Marlas was sold to defendant Nos. 2 and 3 for a sum of Rs. 48,000/- i.e. the present appellants. The remaining land was sold on 22.5.1981 by Harnam Singh to the other vendees Kehar Singh and Swaran Singh. The present suit for injunction was filed inter alia on the ground that the plaintiff is in possession of the suit land and that defendant No. and 3 intend to take forcible possession from the plaintiff on the basis of false sale deed executed on 8.5.1981. Both the courts decreed the suit holding the plaintiff to be in possession of the suit land.

(3.) The defendant moved an application before this Court bearing CM No. 643 of 2004 for deciding the present appeal in terms of compromise arrived at between the parties on 26.4.1984. The compromise in original is attached along with the said application which is marked Ex. C.I.