GITA RAM Vs. SADHU SINGH

JUDGEMENT

(1.) THIS order will dispose of Regular Second Appeal No. 1228 of 1960 and Regular Second Appeal No 456 of 1962. The facts leading to these second appeals may now be stated.

(2.) IN the year 1954, Sadhu Singh, who is the Appellant in R.S.A. 456 of 1962, brought a suit for possession and for rent at the rate of rupees four per annum for a period of six months, i.e., for rupees two for the property in dispute. It is no doubt true that in the suit the Defendant, Gita Ram, took the plea that he was not the tenant of Sadhu Singh, but the plea was not taken to its logical consequences because the suit was settled by a compromise. The compromise is exhibit P. 1 and the relevant part is as follows:

(3.) IN terms of these statements, the decree was passed and the suit was dismissed. Sadhu Singh then brought a suit for rent from 30th December, 1954 to 30th December, 1957. against Gita Ram at the rate of rupees nine per annum. In this suit the Defendant again denied the relationship if landlord and tenant and also denied his liability to pay rent. The Plaintiff pleaded the compromise Exhibit P. 1 to prove the existence of that relationship. This suit was decreed and the compromise Exhibit P. 1 was held to be admissible in evidence and the objection that it required registration was rejected. An appeal against this decision made to the Additional District Judge also failed. Against this decision, Regular Second Appeal No. 1228 of 1960 was filed in this Court and will be disposed of by this order.