SURRINDER NATH & OTHERS Vs. JAGGI RAM SHARMA

JUDGEMENT

(1.) Defendant Jaggi Ram in the main suit has filed this application for taking issues No.4 and 5, (wrongly mentioned as Issue No.1 & 4) as preliminary and to dispose of the same first.

(2.) The suit has been filed by Smt. Savitri Devi (since dead) through her General Power of Attorney Shri Surender Nath now plaintiff in the suit for declaration to the effect that the sale deed dated 2.1.2007, qua 1/5th share in the land comprised in Khata/Khatauni No.29 min/ 44 min, Khasra No.151/31/1, 75, 232/166/70, 234/74, 235/74, 204/135/1, 205/131/1/3 and 205/135/1/1 in the total land measuring 20-12 bighas in favour of defendant Jaggi Ram is illegal, null and void, being the result of fraud practiced upon her. Deceased plaintiff Savitri Devi has expired during the pendency of the suit and her son Surinder Nath was allowed to be substituted in her place as plaintiff as per order dated 21.6.2010 passed in OMP (M) No. 8 of 2010.

(3.) This application has been filed on the grounds inter alia that in Civil Suit No.55/1 of 2010, filed by Dharmender Bansal and Sanjay Bansal, plaintiffs No.2 and 3 herein, against plaintiff No.1 in the Court of Civil Judge (Junior Division), Nahan, District Sirmaur, H.P., the parties have arrived at a compromise and plaintiff No.1 has agreed not to claim any right, title and interest in the land, the subject matter of dispute in the present suit. Also that consequent upon the compromise so arrived at, it is plaintiffs No.2 and 3 alone who acquired titled in the suit land and now consequent upon a compromise arrived at between the applicant-defendant and plaintiffs No.2 and 3, it is now he, who is owner-inpossession of the suit land. The complaint, therefore, is that since the plaintiff by way of compromise arrived at between him and plaintiffs No.2 and 3 during the pendency of the suit in the Court of Civil Judge (Junior Division), Nahan has relinquished his all rights, title and interest in the suit land, therefore, the suit is not maintainable and the same can be disposed of without resorting to the lengthy trial and deciding issues No.4 and 5, as preliminary.