JUDGMENT

Mrs. Sujata V. Manohar, J.-The respondent, Sarabjeet, was originally the sub-tenant of one Damri Lal, the predecessor in title of the present appellants, in respect of lands situated within the limits of the Municipal Board, Bhadohi, Tehsil Gyanpur, which are the subject matter of this appeal. These lands, at all material times, were governed by the provisions of the Banaras Tenancy Act, 1949.

2. Damri Lal had brought a suit being Suit No. 46 of 1955 against the respondent for ejectment of the respondent from the suit lands under Section 154 of the Banaras State Tenancy Act, 1949, in the Court of the Sub-Divisional Officer, Bhadohi. On 1.10.1955 the parties compromised the suit and a consent decree was accordingly passed on 4.11.1955. The compromise which is dated 1.10.1955 and is signed by both the parties including the respondent, states that the respondent relinquishes his rights in the land in favour of Damri Lal. The respondent who is the defendant there, has stated : "I have no concern in the land in dispute and the crops standing threon from today s date. A decree in favour of the plaintiff against the defendant be passed......" Accordingly a consent decree was passed