HARI RAM Vs. NAFE SINGH

JUDGEMENT

(1.) NAFE Singh had filed the suit for possession by way of specific performance of the agreement to sell dated 6. 9. 1991 against Kishna and Ors. on 14. 8. 1992. During the pendency of the suit, the parties entered into settlement. This settlement which was reduced into writing, was signed/thumb marked by the parties. On 16. 2. 1997 the parties filed an application to record the compromise as well as separate applications were filed by Lachhman who was father of minor defendants No. 4 to 6 stating that compromise was in the benefit and interest of the minors and consequently, compromise may be recorded and decree in terms thereof be passed. Learned trial Court vide judgment and decree dated 20. 2. 1997 recorded the compromise between the parties and passed the decree thereupon. Relevant part of the judgment reads as under :

(2.) THE suit for possession by way of specific performance of the agreement dated 6. 9. 1991 was filed by Nafe Singh on the averments that Kishna defendant No. 1 is the recorded owner of agricultural land situated in Village Dabkoli Kalan, Tehsil and District Karnal as described in the Plaint. The said defendant entered into an agreement to sell dated 6. 9. 1991. In terms of the agreement, he has received a sum of Rs. 2,46,600.00 as earnest money out of the sale consideration of Rs. 7,44,000.00 and sale-deed was to be executed on 15. 6. 1992. As defendant No. 1 had share in the land, he had agreed to sell the suit land partitioned from other defendants to the extent of his share which he had agreed to sell and in default the plaintiff had right to get the sale-deed registered through process of Court. As the plaintiff was always ready and willing to perform his part of the agreement and (defendant No. 1 defaulted, he filed the present suit after serving notice upon the defendant.

(3.) AS noticed during the pendency of the suit compromise decree Ex. C-1 was passed. All grounds of attack of this decree were rejected by the learned 1st Appellate Court for valid and proper reasons stated in the impugned judgment. Learned counsel for the appellants has not been able to show what provisions of Order 23 Rule 3 of the Code of Civil Procedure have not been complied with for the purpose of recording and passing compromise decree Ex. C. 1. It is not disputed that written application was filed, statements of the parties were recorded and Court after due application of mind had passed the compromise decree. The interests of the minors were duly considered and the application for recording of such compromise was filed by the person not less than their father who averred on affidavit that he has no interest adverse to the minors and compromise was in the interest to the minors and compromise may be recorded. It was for the appellants to plead and prove before the Court as to what fraud or mis-representation was practised upon them while entering into the compromise Ex. C-1. Further more, the alleged compromise was unlawful on any ground and for reason. As is clear from the records which are admittedly copies of documents placed on record by the learned counsel for the parties, nothing has been brought on record to show that any factors which render Ex. C-1 invalid or unlawful, were pleaded in the memorandum of appeal. Once the compromise is lawful and requirements stipulated under Order 23 Rule 3 CPC are satisfied, then it would be difficult to hold that appeal before the 1st Appellate Court was filed bonafide and Ex. C-1 was liable to be set aside. Learned 1st Appellate Court has rightly noticed that without removal of guardian who had been appointed in the suit and who was also their natural and lawful guardian, the uncle could not have preferred an appeal without seeking permission of the Appellate Court. Relying upon the judgments of the Supreme Court in the case of Gurpreet Singh v. Chatur Bhuj Goel, (1988-2)94 P. L. R. 365 and Banwari Lal v. Smt. Chando Devi, AIR 1993 SC 1139, this Court in the case of Chand Kaur v. Raj Kaur and Ors. , (1996-3)114 P. L. R. 523 held as under :