R. C. GANDHI, J.

( 1 ) THIS Special Appeal has been preferred under Section 18 of rajasthan High Court Ordinance, 1949 against the judgment dated 28-5-1991 passed by the learned single Judge whereby he set aside the judgment and decree dated 11-12-1979 and also reversed the findings of the trial Court arrived at vide order dated 26-11-1979 dismissing the application of respondent No. 1 assignee/buyer of the suit property filed under Order 22, Rule 10 of code of Civil Procedure.

( 2 ) THE brief facts necessary for the disposal of the appeal are that some property of Nawab Moazzam Ali Khan was declared as evacuee property. He was not having any means to litigate and get it deleted from the record as an evacuee property. He executed an agreement dated 8-2-1957 with Asgar hussain of Allahabad that Asgar Hussain will contest the proceedings before the authorities for deletion of the property and in turn shall be entitled to 1/4th share of the property so deleted from the record of the evacuee property. Agreed share was not given to Asgar Hussain. Asgar Hussain filed a suit against Nawab Moazzam Ali Khan based on the said agreement. Moazzam AH khan is the father of the responde