PURANGIR Vs. BHAWANIGIR

JUDGEMENT

(1.) THIS revision petition, by a defendant, arises out of a suit for the recovery of Rs. 1,400/ - on the basis of a compromise entered into by the parties before the District Judge of Mahasu on 11 -8 -1949. Under the term of that compromise, the plaintiff -respondent, Bhawanigir was entitled to get Rs. 40/ - p.m. in lieu of maintenance from Purangir, petitioner.

(2.) THE suit was resisted in the trial Court by the defendant -petitioner on various grounds. Inter alia, he contended that the compromise was without consideration and unenforceable. Secondly, that the compromise had been substituted by another agreement dated 16 -11 -1950, Ex D.A. Thirdly, the State of Himachal Pradesh was a necessary party, because under the terms of the compromise, the plaintiff was to receive the amount of the muafi direct from the Government treasury. Fourthly, that the plaintiff was not entitled to sue in respect of that muafi amount, which had to be received direct from the treasury. All these points were decided by the trial Court against the defendant and, accordingly, the plaintiff was granted a decree for Rs. 1,400/ - with costs against the defendant.

(3.) THE learned District Judge repelled all the contentions raised by the defendant, Purangir, dismissed his appeal and affirmed the judgment and decree of the trial Court. Hence, this revision petition by Purangir, which was admitted by me on 27 -6 -1955 on the ground that some of the points, taken in the revision petition, deserved further consideration.