The main legal point established in the judgment is that settlement deeds executed under pressure and coercion are invalid, and the transfer of property involving minors requires compliance with legal provisions.

JUDGMENT :

1. This Second Appeal, filed by the plaintiffs under Section 100 of Code of Civil Procedure, is against the judgment and decree dated 17.4.2009 passed by Upper District Judge, FTC, Rajnandgaon (CG), in Civil Appeal No.32-A/2007, which in turn arises out of judgment and decree dated 06.5.2005 passed by Civil Judge Class-I, Ambagarh Chowki, Dist. Rajnandgaon in Civil Suit No. 23A/99.

2. By impugned judgment and decree, the first appellate Court allowed the appeal only with respect of part of the suit land bearing Khasra No.53/1, area 0.25 decimal and dismissed plaintiffs’/appellants first appeal with regard to remaining suit land and upheld the judgment and decree passed by the trial Court, which had dismissed plaintiffs’ suit for declaration of title and recovery of possession.

(For the sake of convenience, parties would be referred hereinafter as per their status and ranking shown in the suit before the trial Court.)

3. So the question which arises for consideration in this appeal is whether the two Courts below were justified in dismissing plaintiffs’ suit for declaration and recovery of possession in relation to suit land except Khasra No.53/1 area 0.25 decimal?

4. The appeal was admitted for final hearing on following two substantial questions of law:-

i. Whether the finding of ownership of disputed land in favour of respondents No.1 to 3 is perverse?

ii. Whether both the Courts below have committed illegality in not holding that no compromise can be effected relating to the land of minor?

5. Facts of the case required to be noticed for adjudication of this appeal are as under:

6. Plaintiff No.1 namely Ganga Singh (father of plaintiff’s 2 to 6) and defendants 1 to 3 are real brothers. Plaintiff No.1 Ganga Singh purchased agricultural land situated at Village Chikhlee bearing Khasra No.13/1 area 0.62 decimal, 13/3 area 0.74 decimal, 53/1 area 0.24 decimal, 57/3 area 0.13 decimal, 172/1 area 1.28 acre, 172/3 area 1.08 acre, 172/7 area 0.48 decimal, 182/3 area 0.28 decimal, 182/5 area 1.88 acre, 182/9 area 0.80 decimal, 342/11 area 0.26 decimal, total khasra No.11 total area 7.79 acre in the name of his sons, i.e. plaintiffs 2 to 6 by a registered sale deed from his uncle Ram Singh on 05.02.1998. Thereafter they have taken the possession of the said land and moved an application for mutation before Gram Panchayat Chikhlee. Since the defendants 1 to 3 have raised objection, the matter was referred to Nayab Tahsildar, Ambagarh Chowki. The evidence of Ram Singh (seller of the land) was recorded wherein he has stated that he sold the aforesaid land to plaintiffs 2 to 6 by a registered sale deed with his free will. During the pendency of the revenue proceeding, Ram Singh died. Thereafter defendants 1 to 3 pressurized and threatened Plaintiff No.1 and obtained his signature in 4-5 papers and under the pressure they got executed settlement deed and got recorded the evidence of Plaintiff No.1 with regard to compromise proceedings and by using the said papers, land purchased by the plaintiff bearing Khasra No.13/1 area 0.62 decimal, 13/3 area 0.74 decimal, 57/3 area 0.13 decimal, 182/9 area 0.80 decimal, 53/1 area 0.24 decimal total khasra No.5, total area 2.53 acres has been mutated in their name, this land is said to be suit land. Against which, the plaintiffs filed civil suit bearing No.23A/2007 before Civil Judge Class-I, Ambagarh Chowki, Distt. Rajnandgaon for declaration of title and recovery of possession in respect of aforesaid suit land. The defendants filed their written statement along with counter claim/counter suit stating inter alia that Late Ram Singh was their uncle (Chacha) and he died issue less. Ram Singh had distributed share of his land to all four brothers i.e. plaintiff No.1 and defendants 1 to 3, as per his Will, but getting undue advantage of illness of Ramsingh, plaintiff Ganga Singh got executed the sale deed from him in the name of his sons (plaintiffs 2 to 6), that too, without paying any sale considerat