NAHAR SINGH Vs. PANNA

JUDGEMENT

(1.) THIS is a revision petition filed u/s 230 of the Rajasthan Tenancy Act against the order of the learned Revenue Appellate Authority, Bikaner dated 13-8-1965, whereby he dismissed the appeal of the petitioners and upheld the order of the trial court.

(2.) BRIEFLY, the facts of this case are that Panna and Lala opposite party in the instant case filed a suit u/s 183 of the Rajasthan Tenancy Act against Naharsingh. the present petitioners, in the court of the S. D. O, Bali. The dispute related to Khasra No. 216, 217 & 218, measuring 63 bighas and 6 biswas and situated in village Sepatavas, tehsil Desuri. The plaintiffs were dispossessed in samvat year 2015. It is alleged that the parties arrived at a compromise and the deed is Ex. D/- 1, by virtue of which the disputed land was transferred to the defendants for a consideration of Rs. 200/ -. The allegation is that Panna shifted his stand and alleged that the consideration was not paid to him and, therefore, he repudiated the compromise. Issue was framed on this as follows: - "whether the suit was not maintainable on account of 'rajinama' that has taken place between the parties". Evidence was recorded and after considering the same the court held that the plaintiffs were not bound by the compromise Ex. D/- 1 as the sale was without consideration. On appeal, the learned R. A. A. upheld the order of the trial court and dismissed the same.