AIR 2005 PATNA 177 ::2006 (1) RecCivR 649 ::2005 (2) BLJ 564 ::2005 (3) BLJR 1715 ::2005 (3) PatLJR 623 ::2006 (1) RenCR 145 ::(2007) 1 LandLR 426 ::(2005) 35 AllIndCas 660 (PAT) ::2005 BLJR 3 1715

Patna High Court

Hon'ble Judge(s): Sudhir Kumar Katriar , J

(A) Registration Act (16 of 1908) , S.17(2)(vi)— Compromise decree - Registration - Defendants were in possession of suit property as lessee since 1946 which was to expire in year 1985 - As a result of compromise decree, lessor alienated absolutely right, title and interest in demised land along with buildings constructed thereupon for first time in favour of lessees - Compromise decree would be compulsorily registerable - Decree not registered - It would not convey right, title and interest with respect of demised land to lessees. (Para 10 18) (B) Civil P.C. (5 of 1908) , O.23 R.3A, S.100— Compromise decree - Challenge as to - Plea relating to bar of O. 23 R. 3A - Plea not taken at inception of suit - Plaintiffs thereby did not get opportunity to withdraw suit and filed miscellaneous case in previous suit, before previous Court who had passed compromise decree - Court also could not dispose of suit on this preliminary issue - Issues concluded by concurrent findings of facts - Would bind High Court in second appellate jurisdiction. (Para 25 27 28) .....