Judgement

Appeal by special leave from a judgment and decree of the High Court (July 6, 1914) affirming a decree of the Subordinate Judge of Zilla Nadia (March 29, 1910).

Law Rep. 46 Ind. App. 240 ( 1918- 1919) Rani Hemanta Kumari Debi v. Midnapur Zamindari Co. Ltd

82

The suit was brought by the respondents in February, 1909, as successors in interest to Robert Watson & Co., Ld., claiming specific performance of an agreement to lease to that company certain lands if the appellant recovered them in a suit which she had instituted against the Government for that purpose. The agreement was contained in a compromise petition dated September 20, 1897, in a suit (No. 73 of 1895) brought by the appellant against the said company for the recovery of certain other lands. The compromise petition was embodied in a decree of the Court made on the same date under s, 375 of the Code of Civil Procedure, 1882.

The facts more fully appear from the judgment of their Lordships.

Numerous issues were framed, two only of which were material to the present appeal, namely, (4.) Whether the Court had jurisdiction to pass any decree or order in regard to lands outside the scope of suit No. 73 of 1895, and w