Judgment

P.K. Balasubramanyan, J.—Leave granted.

1. One Ram Charan had two sons, Ram Kishun called Kishun and Ram Prasad called Behari. On 22.09.1966, Ram Charan gifted a piece of agricultural land to his son Kishun by way of a deed of gift. Thereupon, Behari filed a suit for cancellation of that gift impleading Kishun as defendant No. 1 and his father Ram Charan, as defendant No. 2. He contended that the property was joint family property and hence could not be gifted by the father Ram Charan and that in any event the deed of gift was got executed by Kishun, by practicing fraud. Kishun and Ram Charan filed written statement denying the claim of Behari.

2. Pursuant to the deed of gift in his favour, Kishun had ap­proached the Tehsildar for effecting mutation. It is claimed by Behari that before the Tehsildar, a compromise was entered into and an application for recording the compromise was moved. Under the compro­mise, according to Behari, the parties agreed that the property would be taken half and half by the two brothers. Since this compromise set up by Behari was not accepted by Kishun and Ram Charan, the Tehsildar did not pass any final order either in respect of the compromise o