M.M.KUMAR
Nirmal Singh (Deceased) Through L. Rs. – Appellant
Versus
Kartar Singh (Deceased) Through L. Rs. – Respondent
M.M.Kumar, J.
1. This is defendants appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, the Code), challenging the view taken by the learned lower Appellate Court in its judgment and decree dated 2.3.1990. The view taken by the learned trial Court, dismissing the suit of the plaintiff-respondent Kartar Singh has been reversed. It has been held by the lower Appellate Court that suit of plaintiff-respondent deserves to be decreed by taking into consideration the compromise dated 15.2.1957, which was the basis of decree dated 15.2.1957 passed in Civil Suit No.209 instituted on 8.5.1956. The lower Appellate Court also took the view that such a judgment and decree of the Court is covered by Sub-clause (vi) of Sub-section (2) of Section 17 of the Registration Act, 1908 (for brevity, the Act).The aforementioned judgment and decree (Exh.PW-3/1 Dated 15.2.1957 and also the compromise-deed (Exh.P-1) dated 15.02.1957 were not accepted by the trial Court on the ground that the, compromise (Exh.P-1) was not genuine and the judgment and decree (Exh. PW-3/1) required registration under Section 17(2)(vi) of the Act.
2. Facts in brief are that Phula Singh was s
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