CHANDU RAM Vs. KALYAN CHAND

JUDGEMENT

(1.) This is a defendants second appeal and is directed against a judgment and decree of the learned District Judge, Alandi and Chamba districts.

(2.) The appellants Chandu Ram and Nandu Ram had instituted a suit for recovery of possession of 35 bighas 18 biswas 5 biswansis land by redemption of a usufructuary mortgage made by their predecessors-in-title in 1898 B. to secure a sum of Rs. 3,000/-. Kalyan Chand, Pratap Chand and Prakash Chand, some of the representatives-in-interest of the mortgagees, were impleaded to that suit and as Kalyan Chand and Pratap Chand were minors their brother Prakash Chand was appointed their guardian ad litem. A compromise was effected in that suit. Shri Mohinder Lal Advocate was appointed as a counsel by the aforesaid Prakash Chand on his behalf as also on behalf of the minors and an application for premission to enter into compromise was submitted to the Court by the aforesaid advocate. The requisite permission was granted and in accordance with the terms of the compromise a decree was passed on 31-8-1956 for recovery of possession of the mortgaged property subject to a payment of Rs. 1,200/-. Thereafter on 19-1-1957 the suit under consideration was filed by the aforesaid Prakash Chand in his own right and on behalf of his minor brothers Kalyan Chand and Pratap Chand for a declaration that they were not bound by the aforesaid compromise decree on the following grounds:

(3.) The suit was resisted by the appellants on the grounds that the compromise was effected after obtaining the leave of the Court and was for the benefit of the minors and that a suit for mere declaration did not lie as they were in possession of the disputed property.