BADAR DURREZ AHMED, J.

( 1 ) ON 25. 02. 1991 statements of the plaintiff and the defendant were recorded in Court. The statements were to the effect that the parties have amicably settled out of Court and an agreement has been arrived at dated 25. 02. 1991.

( 2 ) AN application under Order 23 Rule 3 of the Code of Civil Procedure, 1908 was filed and was taken up on 25. 02. 1991 itself. Along with the application the agreement dated 25. 02. 1991 was also annexed as Annexure a thereto. Upon hearing the counsel for the parties and after recording the statements of the plaintiff and the defendant and recording that both the parties had undertaken that they would be bound by the terms of the compromise as recorded in the said agreement dated 25. 02. 1991 (Ext. P-2), this Court granted permission to the plaintiff to withdraw the suit. The suit was dismissed as withdrawn and the Court directed that the parties shall be bound by the terms of the compromise Ext. P-2. It was a term of the compromise that the land in question would be handed over by the defendant to the plaintiff for the purposes of construction and that the defendant would get 6% of the built up area after the construction