KANHAIYA LAL TIWARI Vs. GUNESHWAR KAUR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 30th June, 1994, passed in T.A. No. 31 of 1991 by the Second Additional District Judge, Gopalganj dismissing the appeal and affirming the judgment and decree passed by the Munsif, Gopalganj in Partition suit No. 293 of 1956.

(2.) IN short, the relevant fact is that the suit was compromised and the preliminary decree was accordingly prepared on 11.12.1957. After preparation of the said preliminary decree the plaintiffs filed an application for preparation of final decree. Accordingly, the final decree was prepared on 9.4.1991 by the trial Court. The defendants appellants 1 to 3 preferred T.A No. 31 of 1991 against the said final decree, which has been dismissed and the judgment of the trial Court has been affirmed.

(3.) ACCORDING to the learned Counsel appearing for the respondents, the proceeding for preparation of the final decree was very much maintainable in order to give effect to the preliminary decree, which defines the respective shares as per the compromise entered into between the parties. It was further contended that the defendants appellants themselves also filed an application for allotment of Takta as per the preliminary decree and as such, it does not now lie in their mouth that the application for preparation of final decree pursuant to the preliminary decree was not maintainable. It was also contended by the learned Counsel for the respondents that the final decree has been prepared strictly according to the shares defined in the preliminary decree for which the parties entered into the compromise. Hence, in any view of the matter, no substantial question of law can be said to be involved in this case for consideration of the second appeal and in view of the concurrent findings of facts arrived at by the two Courts below, the appeal is fit to be dismissed.