TARA DEVI Vs. ISHWAR DASS

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) PROPERTIES of the appellant-defendant and the respondent-plaintiff are adjacent. Some portion of the property of the appellant-defendant had been encroached upon by the respondent- plaintiff and similarly some portion of the respondent's-plaintiff's property had been encroached upon by the appellant-defendant. Appellant-defendant filed a suit in the past, claiming possession of that portion of his property which had been encroached upon by the respondent-plaintiff. In that suit, the respondent-plaintiff was impleaded as defendant. Matter was got resolved by the Lok Adalat and a compromise was arrived at, the terms of which were reduced into writing in the form of Ex. P-1. The parties agreed that they would return each other's encroached upon portions of the property.

(3.) ON appeal having been filed against the decree of dismissal of the suit, the learned first Appellate Court has reversed the decree of dismissal of suit and passed a decree for possession in favour of the respondent-plaintiff. Appellant-defendant has now come in appeal.