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1961 Supreme(All) 78

M. C. DESAI, S. N. DWIVEDI, B. MUKERJI
RAM GATI CHAUBE – Appellant
Versus
RAN ADHAR CHAUBE – Respondent


Advocates Appeared:
SHAMBHU PD.RATHORE, V.P.MISHRA

S. N. DWIVEDI, J.

( 1 ) GURTU, J. has referred to us the entire appeal with the following question for specific opinion :

"whether the order of the mutation court embodying a petition of compromise affecting immovable property worth more than Rs. 100/- which purports to regulate the future rights of the parties in that property is conclusive and binding upon them in respect of the property, even though it is not registered?"

( 2 ) IT seems to me that the question assumes three things firstly, that in the instant case the order of the mutation court embodies the petition of compromise affecting immovable property worth more than Rs. 100 which purports to regulate the future rights of the parties in that property; secondly, that the petition of compromise, having been embodied in the order, becomes admissible; and, thirdly, the compromise evidenced by the order is conclusive and binding upon the parties. I have, therefore thought it proper to split up and reformulate the question in my own language in this manner :

1. Whether the order of the mutation court embodies the petition of compromise filed by the parties before us in the court of the mutation officer? 2. Whether the said compro













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