KARAM CHAND Vs. CHAMAN LAL

JUDGEMENT

(1.) For the reasons stated in the application, the delay of three days in filing the revision is condoned.

(2.) This is a civil revision and has been directed against the order dated 4.4.1998 passed by the Additional Sessions, Judge, Hoshiarpur.

(3.) The brief facts of the case are that Karam Chand filed a suit for specific performance by way of possession against Chaman Lal. The parties contested that suit and, ultimately, vide judgment and decree dated 19.2.1994, the trial Court passed a money decree in favour of Karam Chand for a sum of Rs. 40,000/- alongwith interest @ 6% and proportionate costs. However, the relief for possession was not granted to the plaintiff Karam Chand. Not satisfied with the judgment and decree of the trial Court, both the parties filed separate appeals in the Court of the District Judge. In the appeal, Karam Chand prayed for possession while Chaman Lal prayed for the entire dismissal of the suit. The number of the appeal filed by Chaman Lal was 98/1994 while a separate number was given to appeal of Karam Chand. Both the appeals came up for hearing before the first appellate Court on 4.4.1998. It appears that the parties to the suit/appeal compromised before the Court of Additional Sessions Judge, Hoshiarpur, who in the right perspective recorded the statement of Chaman Lal, defendant, in Appeal No. 98 of 1994, and Chaman Lal made the following statement:-