RUPCHAND BALMUKUND AHARWALA Vs. JANKIBAI KANHYALAL

JUDGEMENT

(1.) The plaintiff sued to have it declared that he had got one-fifth share in the properties left by one Balmukund, and that he was not liable for more than one- fifth, of the debts due, Further he sued for an equitable partition of the properties and for separation of his one-fifth share therein, and for mesne profits before suit and future profits.

(2.) Balmukund died in 1904 leaving two widows. The plaintiff was adopted by the senior widow, while the junior widow also adopted one Hanumandas. When the widows died the reversioners disputed the adoptions. Two separate suits were filed against the two adopted sons, asking for a declaration that the adoptions were invalid. Both the adoptions have been held to be invalid, and the reversioners have been declared to be the real owners of the property. The suits were not finally concluded until 1918.

(3.) In April 1918 while the appeal was pending in the High Court, an application was made on behalf of the present plaintiff to file an alleged agreement of compromise under Order XXIII, Rule 3. The defendants objected. Th" Court was of opinion that the suit had not been adjusted by this agreement, that the condition of the agreement was, not that the pending suit should be settled or abandoned, but that it should continue to its normal end, and that thereupon whatever decree the Court should ultimately make should be replaced by the private arrangement between the parties.