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1950 Supreme(Pat) 62

SARJOO PRASAD, S.K.DAS
Ramjanam Tewary – Appellant
Versus
Bindeshwari Bai – Respondent


Judgment

Sarjoo Prasad, J.

1. This appeal has been preferred against an order of the learned Sub-ordinate Judge of Chapra adopting a compromise arrived at between the parties under Order 23, Rule 8, Civil P. C. In my opinion, it is a very unfortunate litigation and it should not have been allowed to develop. It will presently appear from the facts stated below that a litigation of this character amounts to an abuse of legal processes.

2. The appeal in question arises out of two title suits which were being tried together before the learned Subordinate Judge, the parties to the suits being common. One of the suits, Title Suit NO. 72/7 of 1944/46 was instituted by the plaintiff-respondent, Bindeswari Bai, for specific performance of a contract of sale in respect of a hou3e belonging to defendants 1 and 2 who are the appellants in this Court, These appellants have a house in Mahalla Ratanpura of the town of Chapra. One portion of this house is a two-storied building and other portion is one storied. The plaintiff, Bindeshwari Bai, who carries on the profession of singing and dancing in the town of Chapra, came to occupy the two storied-portion of the house in question as a tenant on re























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