ABDUL SALAM Vs. BIBI ZUBAIDA KHATOON

JUDGEMENT

(1.) SYED Md. Mahfooz Alam, J. 1. This Second Appeal has been preferred against the judgment dated 31.3.1990 and decree dated 20.4,90 passed by Sri Lallu Prasad Singh, 4th Additional District Judge, Patna, in Title Appeal No. 166 of 1988 confirming the judgment and decree dated 2.9.88 passed by Sri Rameshwar Prasad, Additional Sub-Judge VI, Patna, in Title Suit No. 355 of 1979.

(2.) THE brief facts of the case are as follows: Plaintiff-respondent Bibi Zubaida Khatoon along with her mother Bibi Hasina Khatoon filed Title Suit No. 355 of 1979 in the Court of Sub-Judge Ist, Patna, for preliminary decree of partition of the suit property fully described in Schedule of the plaint with respect to their share to the extent of 6 Annas 13 dams, 3 kauris and to carve out a separate Takhta by appointment of Pleader Commissioner. THE original appellant Abdul Salam, who was defendant No. I in the said suit, firstly contested the suit by making certain averments in the suit but during the pendency of the suit both the parties filed a joint petition of compromise which was disposed of by order dated 2.9.88 and the learned Court of Sub-Judge has been pleased to record compromise decree on the basis of the compromise petition. THE learned Sub-Judge further held that the compromise petition shall be the part of the final decree. It appears that original appellant Abdul Salam was not satisfied with the order of the learned Sub-Judge and, as such, he preferred appeal against the said order of the Sub-Judge dated 2.9.88 which was numbered as Title Appeal No. 166 of 1988 and was disposed of by Sri Lallu Prasad Singh, 4th Additional District Judge, Patna.

(3.) AT the time of admission of this Second Appeal on 29.6.90, only one substantial question of law was formulated which is as follows: Whether the compromise recorded by the trial court was lawful.