RAM NIWAS Vs. HANUMAN SAHAI

JUDGEMENT

(1.) THIS is a revision application by Ramniwas, Ramesh-warlal and Sitaram defendants against an order of Munsif, Jaipur City (West) dated 27-5-68 directing the amendment of the plan attached to a compromise.

(2.) THE suit was instituted by Hanuman Sahai, plaintiff. THE plaintiff and the defendants are real brothers and they are the owners of plot of land on which some constructions are standing. According to the plaint allegation the defendants started constructing a shop at the north-east corner of the plot. THE present suit was instituted for a mandatory and prohibitory injunction against making any constructions on the ground that the plot was joint property. THE suit was contested by all the 3 defendants but ultimately they arrived at a compromise under which they partitioned the entire land as well as the constructions amongst the four brothers by metes and b6unds retaining some portions as joint properties. This compromise was recorded by the court. THE plan showing different portions of the house allotted to different brothers formed part of this compromise. When the compromise was recorded on 18-5-67 the suit was dismissed on the basis of the compromise.