SHIWAJI Vs. RATIRAM

JUDGEMENT

(1.) 1. The plaintiff-respondent had sued the defendant-appellant for possession of field No. 254/1 and for Rs. 250 as mesne profits of the same for the year 1925-1926. The trial Court bassed a decree in favour of the plaintiff-despondent for joint possession of the field, and for Rs. 100 as mesne profits. The defendant accepted the first Court's decree, but the plaintiff appealed and the lower appellate Court passed a decree in his favour for possession of the entire field. Against that decree the defendant has preferred the present second appeal tad wants the, first Court's decree to be Restored.

(2.) ON the date of hearing of the appeal a.n objection was raised by the plaintiff-respondent that the defendant-appellant, after the passing of the decree of the lower appellate Court, having entered into a compromise whereby in consideration of the plaintiff accepting Rs. 100 from him in respect of future mesne profits and immediate delivery of possession bf the field with standing crops and the Surrender of lease of half the field, the defendant had agreed not to prefer Second appeal against the lower appellate Court's decree, he was estopped from proceeding with the appeal. The defendant-appellant having denied the agreement set up by the plaintiff, issues were framed and sent to the trial Court for faking evidence of the parties and returning a finding as to the terms on which the parties had entered into an agreement prior to the filing of the present Second appeal. On remand the plaintiff Examined two witnesses and the defendant put himself into the witness-box. On a consideration of the evidence the trial Court returned a finding in favour bf the plaintiff by holding that the defendant had expressly agreed not to prefer a second appeal in consideration of the Arrangements pleaded by the plaintiff.