LABO RAM Vs. NAND LAL

JUDGEMENT

(1.) IN this revision petition the order dated 4.8.2002, passed by learned Sub Judge, in Civil suit No. 441/1 of 1993, is under challenge. Precisely, the facts giving rise to this petition are that, the petitioner herein (Plaintiff), filed a civil suit against the respondents (defendants), for seeking declaration to the effect that he is the owner in possession of Khasra No. 23, 62 and 60 measuring 4-3 Bighas situated in village Bum, Pargana Ajmerpur, (Ghumarwin) Distt. Bilaspur, with a consequential relief of permanent injunction and sought possession of dispossessed during the pendency of lis. Alternatively prayed for the adverse possession, in case, the petitioner failed to prove his plea of a valid sale.

(2.) THE respondents, in their written statement, denied the claim of the petitioner and raised various preliminary objections. The issues were framed and the evidence by the petitioner was led. The suit was at the stage of leading the evidence of the respondent- defendants, in the meantime, a written compromise duly signed by the parties and their counsel was filed before the trial court on 13.8.2001 whereby the defendants admitted the plaintiff as the owner in possession of the suit land but it also included Khasra No.78 having been left by the defendants in favour of the plaintiff as it being surrounded by the Land of the plaintiff.

(3.) 3.2002 the ld. trial court declined to record and pass the decree on its basis. The impugned order reads asunder: