SUKHDEO SINGH Vs. LEKHA SINGH

JUDGEMENT

(1.) THIS is plaintiffs' appeal from the concurrent decisions of the courts below dismissing their suit for redemption on the ground that the defendants first party had acquired title by adverse possession, and, therefore, the right of redemption had been extinguished, and, as such, the plaintiffs' vendors had no title left in the disputed lands to convey to the plaintiffs by the sale in their favour (2) The main question, therefore, for determination is: Has the right of redemption been extinguished. In order to appreciate and understand in what circumstances the question of adverse possession arises, and how the plaintiffs' or their vendors', right of redemption has been lost, it is necessary to state some facts in brief.

(2.) THE admission, contained in the compromise petition of 1921, that the document of 1914 was a sale deed is an admission about the interpretation of the document of 1914, but it cannot control the plain interpretation of the deed of 1914;

(3.) THE compromise, being also in respect of matters and properties outside the suit, required registration under Section 17 (1) (b) of the Indian Registration Act, and, as such, on this ground also, it did not affect the title to the disputed land created by the document of 1914;