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1988 Supreme(SC) 615

L. M. SHARMA, M. H. KANIA, R. S. PATHAK
Dhirendra Kumar Garg – Appellant
Versus
Sughandhi Bain Jain – Respondent


Advocates:
HARISH N.SLAVE, P.S.SHROFF, S.A.SHROFF, S.N.KACKAR, S.S.SHROFF, Shri Narain

JUDGMENT

SHARMA, J. :— This appeal by special, leave arises out of a suit filed by the respondents for setting aside the decree in an earlier suit being Suit No. 61-A of 1955 instituted by Dammu Lal, husband of the respondent No. I and father of respondents Nos. 2 to 12, for eviction of the appellants from a building in Raipur which is in their, occupation as tenants. Dammu Lal also prayed for a decree for arrears of rent and damages. The prayer for eviction was allowed along with a money decree for Rs. 260/- as arrears of rent and Rs. 137/- as damages. The tenants filed an appeal which was numbered as Civil Appeal No. 7-A of 1965. During the pendency of the appeal Dammu Lal died, and his legal representatives were substituted as respondents. Some of his children were minor who were placed under the guardianship of their mother Smt. Sugandhibai, respondent No. 1. An application purporting to be a compromise petition on behalf of all the parties was filed before the Court which was recorded and the suit was disposed of in its terms by the appellate Court on 23-4-1966. According to the compromise the entire decree was set aside and the suit was dismissed, with the parties bearing the










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