JOGINDER SINGH Vs. JAWALA SINGH

JUDGEMENT

(1.) On 30th March, 1983, Jawala Singh suffered a consent decree in favour of Joginder Singh, his sister's son in regard to 39 Bighas 11 Biswas of land. On 23rd May, 1983, mutation was sanctioned in favour of Joginder Singh in the presence of Jawala Singh. On 29th August, 1984, Jawala Singh filed a suit for declaration of ownership and possession against Joginder Singh.

(2.) In the written statement Joginder Singh relied upon the consent decree which was denied by Jawala Singh in the replication and he pleaded that if any such decree was there, it was the result of fraud and mis-representation.

(3.) Both the Courts below came to the conclusion that there was no fraud or mis-representation, but held that the decree required registration and in the absence of registration it did not convey title in favour of Joginder Singh. They also came to the conclusion that the consent decree was based on plea of family settlement, and therefore, the very basis of the consent decree was missing. As a result, the suit was decreed. This is defendants' second appeal.