JINDU Vs. MAHANT RAM

JUDGEMENT

(1.) The present revision petition filed under S.115, C. P. C, has arisen in the following circumstances.

(2.) On the allegations that they were the owners of an area of agricultural land measuring 8-1 bighas and comprised in Khasra Nos. 758/1 and 759/1 situate in village Kot, Pargna Ajmerpur, Tehsil Ghumarwin, and had mortgaged the same with possession in favour of the respondent for a consideration of Rs. 500/- the petitioners herein filed a suit against the respondent for possession of the suit land by redemption. The respondent contested that suit. The various pleas raised by the respondent would be apparent from the following issues which were struck by the trial Court on the pleadings of the parties :

(3.) The evidence in the suit had been partly recorded when on 29-9-1975 the parties informed the Court that they had compromised the suit and prayed that a decree be passed in terms of the compromise. The trial Court duly recorded the statements of the parties concerning the compromise. As is apparent from the statements of the parties recorded by the trial Court the petitioner-plaintiffs offered to transfer their rights in the suit land in favour of the respondent-defendant on the latter paying a consideration of Rs. 9600/- by 1-12-1975. In case, however, the respondent-defendant failed to pay the aforesaid amount by the stipulated date, the petitioners-plaintiffs prayed that their suit for possession be decreed. This offer of the petitioners-plaintiffs was accepted by the respondent-defendant. The Court accordingly on 29-9-1975 passed a decree for possession of the land in dispute in favour of the petitioners-plaintiffs subject to the condition that in case the respondent-defendant paid Rs. 9600/- to the petitioners-plaintiffs on or before 1-12-1975 the suit of the petitioners-plaintiffs shall be treated as dismissed.