Judgment

GUPTA, J. - This is an appeal by special leave from a judgment of the Calcutta High Court disposing of a second appeal which arose out of a suit for recovery of possession instituted against the appellant by the first respondent. The property in dispute consists of land measuring 11 bighas 17 kathas and 17 sq. ft. with structures thereon, being premises No. 1, Babu Ram Ghosh Road, Calcutta, previously numbered as premises Nos. 2, 3 and 4, Babu Ram Ghosh Road. Earlier, in 1952 the predecessors-in-interest of the first respondent had brought a suit for ejectment of the lessees of the property impleading the appellant, a private limited company who were the sub-lessees, also as a defendant. That suit was decreed against all the defendants some time in 1954. The appellant applied for review of the judgment decreeing the suit. The review petition having been dismissed, the appellant moved the High Court in revision. The revision case was ultimately disposed of in terms of a petition of compromise. The relevant terms of the compromise were-

(i) the appellant would become a direct tenant under the first respondents husband and his brother, who were then the owners of the property,