( 1 ) THIS appeal is at the instance of the plaintiff and it is directed against the order dated October 1, 1975 of the learned Judge, 8th Bench, City Civil Court, Calcutta, dismissing the plaintiff's application for recording a compromise in adjustment of the suit under Order 23, Rule 3 of the Code of Civil Procedure.

( 2 ) THE suit was instituted by the plaintiff for specific performance of a contract of lease dated November 2, 1973, for khas possession of the suit premises and for a permanent injunction restraining the defendants from letting out the suit premises to any person other than the plaintiff. The suit premises is the first floor of premises No. 310, Rabindra Sarani, Calcutta. It is not, disputed that the defendant No. 1 Sm. Sulekha Kundu is the owner of the said premises. The defendant No. 2 Kestodas Kundu is the husband's elder brother of Sulekha Kundu. The plaintiff's cape is that on November 2, 1973, she entered into a contract of lease of the suit premises with the defendants on certain terms and conditions. Pursuant to the said agreement, the plaintiff advanced to the defendant No. 2 as the agent of the defendant No. 1, a total sum of Rs. 16,000