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RAHUL BHARTI
Balbir Singh – Appellant
Versus
Veena Kour – Respondent
JUDGMENT :
1. The petitioner is real brother of the respondent no. 1. The respondent nos. 2 to 4 are the legal representatives of late S. Pritam Singh who was also one of the brothers of the petitioner and the respondent no. 1.
2. By virtue of sale-deed dated 17.09.2021, land measuring 17 marlas in khasra no. 74 and 03 marlas in khasra no. 78 min in village Babliana, tehsil and district Jammu came to be purchased by the petitioner so as to become its own or in possession.
3. The respondent no. 1 – Veena Kour joined by S. Pritam Singh, the predecessor-in-interest of the respondent nos. 2 to 4, came to file a civil suit for declaration for declaring the sale-deed 17.09.2001 with respect to the aforementioned land in favour of the petitioner as being a benami transaction and further declaring them to be the actual owners in respect of the aforesaid land with consequential relief of restraining the petitioner from transferring the said land in any manner, raising any sort of construction or causing interference in their peaceful possession. This suit came to be taken on file no. 139/Civil of the court of the learned City Judge, Jammu and is the one in issue herein.
4. On 14.03.2008, the re
The main legal point established is that the continuation of a suit can be considered an abuse of process of law if there is a compromise decree from a previous suit involving the same parties.
(1) Compromise of suit – For a valid compromise in a suit there has to be a lawful agreement or compromise in writing and signed by parties which would then require it to be proved to satisfaction of....
The main legal point established in the judgment is that a compromise deed, once recorded by the court, is lawful and binding, and a subsequent suit challenging the compromise decree is not maintaina....
Compromise decrees in partition suits involving minors without their inclusion are void and can be challenged based on coercion or lack of lawful procedure.
The bar under Order XXIII Rule 3A of the CPC does not apply to a stranger to the compromise, and the plea of limitation is a mixed question of fact and law to be determined after evidence has been le....
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