Rajasthan Tenancy Act, 1955–Secs. 88 & 183–Transfer of Property Act, 1882–Sec. 52–Suit for declaration and possession with contending that the compromise decree passed in the earlier suit was obtained fraudulently and same deserves to be declared void qua the plaintiff–Decreed–Decree was confirmed till Single Bench–Instant special appeal–Relief sought by the plaintiff was not for cancellation of the compromise decree but there was a prayer for declaration of the compromise decree to be no effect qua the plaintiff–Main relief is for possession of the property in question and other reliefs are ancillary reliefs–Suit before the Revenue Court was maintainable–Application for impleadment by the present plaintiff was filed in the earlier suit but the suit was decreed on the basis of compromise without deciding the application, therefore, the plaintiff is not bound with the decree passed in the earlier suit–Further, the earlier suit was a simplicitor suit for injunction and there was no issue pertaining to the ownership or right to the property in question–Furthermore, the suit was permitted to be withdrawn by the earlier plaintiff and there was no counter-claim by the defendant pertaining to her ownership–Instant suit was not hit by the provisions of Sec. 52 of T.P. Act–Interference declined.
