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1963 Supreme(J&K) 31

JANKI NATH BHAT
Ab. Gani Malik – Appellant
Versus
Mala Habib – Respondent


Advocates Appeared:
Advocate For Appellant: J.L. Chowdhry
Advocate For Respondent: S.S.L. Padroo

This is an application in revision against the order of the Additional District Judge Srinagar dated 4-5-63, whereby the learned Judge affirmed the order of the trial court (Second Additional Munsiff Srinagar) dated 9-8-62 refusing to record a compromise arrived at between the parties in the suit on 30-3-60.

The petitioner landlord brought a suit for ejectment against the respondent pertaining to a piece of land measuring 1070 sq. ft. 8 inches with a prayer for demolition of a wooden structure standing thereon situate in Dukan Sangin Srinagar and for a decree of Rs.324. The suit was instituted on 7-10-58. After the framing of the issues the plaintiff was leading his evidence when on 30-3-60, as already stated, the parties compromised the suit. By means of this compromise the defendant agreed to surrender possession of the suit property by the end of June 1960 on receipt of Rs.800 out of which Rs.400 he received at the time of the execution of the compromise, i.e., on 30-3-60, where-for a separate receipt was executed by the defendant. The previous rent as well as rent up to the end of June 6 was remitted by the plaintiff-landlord. A decree for possession was to ensue in terms of wh





























































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