PARMANAND SETIA Vs. SOMLAL

JUDGEMENT

(1.) The present appeal has been filed against the order of Addl. District Judge No. 2, Sri Ganganagar in Civil Original Suit No. 13/1985 by which learned Judge rejected the application under Order 23, Rule 3, CPC.

(2.) The suit was filed by the plaintiff claiming that defendant No. 1 is tenant. The relationship of landlord and tenant is denied by respondent No. 1 and he claimed that he is living as owner in the property. The respondent No. 1 filed an application on 27-11-1984 under Order 23, Rule 3, CPC that parties have compromised and in terms of this compromise, an agricultural land sitUT ated at Abohar was the bone of contention. It has been stated that defendant will not interfere into the land and the plaintiff has accepted that defendant No. 1 is occupying House No. 33A, Block Public Park as a owner in terms of mutual partnership as agreed by the parties. It was prayed in the application that suit should be decided in terms of the agreement.

(3.) The plaintiff opposed the application of defendant No. 1 and has denied the compromise. It was contended on behalf of plaintiff that document relied upon by the document does not come within the definition of family arrangement.