GURDAS RAM AND ORS. Vs. RAGHBIR CHAND AND ORS.

JUDGEMENT

(1.) THIS is a Defendants' second appeal arising out of a suit for a declaration.

(2.) THE Respondents filed a suit on the following allegations. The Appellants as estate proprietors in the village of Rampur had instituted a suit against the village Panchayat pleading that they enjoyed title and possession over a shamlat land and were entitled to an injunction restraining the Panchayat from disturbing their possession. The suit was dismissed on February 18, 1960. Subsequently another suit (No. 96 of 1966) was filed by the Appellants against the Panchayat in respect of a part of the same land and therein also the Appellants claimed to be owners in possession. The Appellants succeeded in effecting a compromise with the Panchayat, and on the basis of that compromise the suit (No. 96 of 1966) was decreed in so far that 3/4th of the entire shamlat area was declared as belonging to the Appellants while the remaning 1/4th only was declared as belonging to the Panchayat for the common use of the village residents. The present suit was then filed by the Respondents alleging that the compromise had been obtained by fraud and collusion and therefore was vitiated, and a declaration to that effect was sought in the suit.

(3.) THE trial Court decreed the suit and granted a declaration that the land in dispute continued to be owned by the Gram Sabha and that the compromise decree was null and void.