JAGTAR SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 22.1.1985 passed by the Additional District Judge, Kapurthala whereby appeal preferred by the appellant-plaintiffs against the judgment and decree dated 29.11.1983 passed by the Sub Judge Ist Class, Sultanpur Lodhi dismissing their suit for declaration has been affirmed.

(2.) THE facts as emerge from the record are that Amar Singh - respondent No. 1 filed a suit bearing No. 280 dated 4.12.1979 against Darshan Singh, Jagtar Singh, Amarjit Singh, Sukhdev Singh and others for specific performance of an agreement in respect of land measuring 9 Kanals and 19 Marlas. In the said suit, Amar Singh respondent No. 1 was represented by his counsel Shri V.K. Gupta and Shri Rajesh Kapoor whereas respondent No. 2 was represented by Shri Mohan Singh Nada Advocate, Kewal Singh respondent No. 4 by D.S. Josh Advocate whereas the present appellants Jagtar Singh, Amarjit Singh and Sukhdev Singh were represented by Shri Daljit Parshad Advocate. During the pendency of the said suit, a compromise was arrived at between the parties on 9.3.1981 when statements of the parties or their counsel were recorded and a decree was passed. The present appellants were not present in Court on that day when the compromise was effected. However, their brother Harbans Singh and their counsel Shri Daljit Parshad Advocate were present who had signed the compromise in the suit filed by Amar Singh and the said compromise is the result of fraud and as such is not binding on them.

(3.) TRIAL Court on appreciation of evidence led by the parties decided issues Nos. 1, 2, 4 and 5 against the appellants whereas issue No. 3 was decided in their favour and against the respondent-defendants. Consequently, the suit was dismissed. Appeal carried by the appellants was also dismissed by the Additional District Judge, Kapurthala.