JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri Ait Kumar, Advocate for appellant and Sri. Ashok Kumar Singh, Advocate holding brief of Dr. Vinod Kumar Rai, Advocate for respondent.

2. This is a defendant's Second Appeal under Section 100 C.P.C. arising from judgment and decree dated 13.2.1978 passed by Sri J.B. Singh, IVth Additional District Judge, Mirzapur in Civil Appeal No. 90 of 1977, whereby Lower Appellate Court (hereinafter referred to as "LAC") has allowed appeal and judgment and decree dated 12.8.1977 passed by Sri Vimal Kishore, the then IVth Additional Munsif, Mirzapur in Original Suit No. 159 of 1971 has been set aside and suit for cancellation of compromise decree dated 7.1.1970 of Revenue Case No. 39/182/7 of 1968 has been decreed.

3. The appeal was admitted by treating grounds No. 1, 2, 3, 4, 7 and 9 as substantial questions of law and the same may be reproduced as under :-

"1. Whether it is settled view of law that the admission is a best piece of evidence and as such the statement of plaintiff-respondent under Order 10 Rule 2 Civil Procedure Code admitting the fact tha