Choudhary, J.

1. This application by defendant No. 3 is directed against the order of the learned Subordinate Judge at Dhanbad dated the 21st of May, 1956, directing the petitioner to vacate the house in which she was living. The facts giving rise to the application, stated shortly, are these. There were three brothers, Devji, Damji and Lakhamshi. Devji and Damji are dead. Lakhamshi is defendant No. 1. His three sons and his wife are plaintiffs. The son and the widow of Damji are defendants 2 and 3 respectively. Similarly, the son and the widow of Devji are defendants 4 and 5 respectively. The plaintiffs instituted a suit for partition of their 4/15th share in certain collieries including buildings appertaining thereto against the defendants.

On the 15th of December, 1950, a compromise was arrived at between the plaintiffs and defendant No. 1 on the one side and defendant No. 2 on the other. Later on, this compromise was challenged by the plaintiffs as a result of which the court refused to record the same. An appeal preferred by defendants 2 and 3 against the order refusing to record the compromise filed in this Court failad and the matter is pending before the Supreme Cou