CHATTAR SINGH AND OTHERS Vs. KHETU AND ANOTHER

JUDGEMENT

(1.) This appeal under Clause X of the Letters Patent by Chattar Singh and Rattan Singh minor sons of Jugti through their next friend Ram Sarup, is directed against the judgment of learned Single Judge whereby he allowed the appeal filed by Khetu decree-holder respondent and set aside the orders of the Courts below dismissing the execution application of the decree-holder.

(2.) The brief facts of the case are that on 11th August, 1958 Khetu instituted a suit for possession of land in dispute measuring 32 Kanals in the allegation that the same had been sold to him by Jugti for Rs. 2,000/-. As the land was in possession of Chattar Singh and Rattan Singh, minor sons of Jugti, and as the possession of the same was not delivered to the plaintiff, the plaintiff claimed decree for possession of the land against Jugti, Chattar Singh and Rattan Singh.

(3.) The suit was contested by Chattar Singh and Rattan Singh on the ground that the land in dispute had been gifted in their favour on 3rd September, 1951 by Jugti. Jugti was stated to have no title in the land after the above gift and as such he was not entitled to sell the land in favour of the plaintiff. In 29th August, 1959 a compromise was effected between the plaintiff and the contesting defendants with the leave of the Court in the following terms :-