( 1 ) THIS appeal has been directed against a judgment and order of A. K Sarkar J. dated September 24, 1973, whereby, the learned Judge refused to record the terms of settlement, filed in suit No. 276 of 1971. The facts of the case may briefly be stated.

( 2 ) TWO brothers Nawab Ali Hyder Khan and Ali Asgar Khan were the joint owners of premises No. 8/2, Palm Avenue, Calcutta. On or about March 15, 1958 they executed an agreement for sale of the said premises with one Sailaja Ranjan Chaki, respondent No. 6, on terms and conditions, set out in the agreement. Prior to the said date of agreement, Title Suit No. 284 of 1951 was pending in the Court of Subordinate Judge, Alipore, between one Indranath Nandy, the Mortgagee, and the said two brothers, the mortgagors in respect of a mortgage deed dated June 29, 1944. Ali Hyder Khan died intestate in 1963 leaving behind him Musst. Hossenara Begum, Ali Safdar Khan, Ali Sarwar Khan, Ali Dewar Khan and Mst. Sayedunessa Begum, the respondents Nos. 1 to 5. By a deed of assignment dated April 22, 1966, the said Sailaja Ranjan Chaki for a valuable consideration transferred absolutely to the appellant his right, title and interest under