Rajasthan Tenancy Act, 1955–Sec. 53–Code of Civil Procedure, 1908–Order 23, Rule 3–Partition suit–Decreed on the basis of compromise–Appeal against–Dismissed by RAA–Compromise decree was passed on 08.09.1965 and petitioners assailed the same in the year 2003–Out of one parcel of land which was given to present petitioners, B had sold the land in the year 1971–Petitioners have enjoyed the fruits of the parcel of land received by them by a decree passed on 08.09.1965–Raising the little finger about the defect in the proceedings initiated by M & B is not permissible–If the proceedings initiated by M & B were dehors the law, then the benefits received by the petitioners in the similar fashion cannot be allowed to stand in their favour–Petitioners cannot challenge the decree on the technical ground of non-maintainability of the suit proceedings undertaken by the other set of brothers–Interference declined.
