Decided on November 27,1973

Fakir Panda And Anr. Appellant
Puni Dei And Anr. Respondents


G.K.Misra, J. - (1.) THE following genealogy would show the relationship of the parties: Kusa Panda NakphodiDinabandhu Ratnakar=HaraDayanidhi Puni (D -1) Fakir Kamapal=Kirtan (D -2) (P -1) (1) -2) Ratnakar, father of the 1st. Defendant filed T.S. No. 27 of 1958 in the Court of the Munsif, Anandapur. Second Defendant is the 'husband of the first Defendant. The suit ultimately ended in a compromise. A compromise petition (ext. 1) was filed by the parties and it was made a part of the decree. The agricultural lands were divided into two equal shares. The disputed land constitutes forty -three decimals out of eighty -six decimals with a house standing thereon. The entire area, in Khata No. 47, consists of the following; plots. Plot No. 243" - 0.12 decimal "244 - 0.65" "247 - 0.06" "291 - 0.03" - - - - - Total - 0.86 decimals In the compromise it was settled that out of these eighty -six decimals, half would go to the Plaintiffs, and in the other half Ratnakar and after him his widow, Hara, would continue to receive, and after their death the house would belong to the Plaintiffs. Ratnakar died in 1962 and his widow in 1966. Plaintiffs accordingly filed this suit for declaration of their title to the forty -three decimals which were m possession of Ratnakar and Hara, and for possession.
(2.) DEFENDANTS took several objections. Their case was that the compromise was the outcome of fraud and undue influence. The previous decree was not a final decree, and on its basis the Plaintiffs cannot have any tide to the residual forty -three decimals which were in possession of Ratnakar and his widow, and the suit was not properly valued. The learned Munsif dismissed the defence contentions and decreed the suit.
(3.) IN appeal the learned Subordinate Judge agreed with the learned Munsif on all points, but dismissed the suit holding that no final decree had been passed, and as such, the title of the Plaintiffs to the disputed land cannot be declared and possession cannot be given.;

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