CHANDIRAMANI, AGARWALA
JAGDISH NARAIN – Appellant
Versus
RASUL AHMAD – Respondent
( 1 ) THIS is a plaintiffs appeal arising out of a suit for ejectment and damages. The suit was instituted on 30-1-1948, against four persons, Easool Ahmad Abdul Hasau and Basir, defendants 1 to 3, and Abbas Ali, defendant 4. Defendant 4 was the previous owner of the shop which was the subject-matter of the suit and had transferred it to the plaintiff. Defendant 1 was a tenant of the shop. Defendants 2 and 3 were alleged to be his sub-tenants. Defendants 1 to 3 filed one written statement and defendant 4 filed another. Defendant 4 admitted plaintiffs claim while defendants 1 to 3 contested it mainly on two grounds firstly that the plaintiff had no right of ejecting them and secondly that even if he had such a right, they were entitled to sufficient time to vacate the shop.
( 2 ) ON 6 5 1948, Mr. Saddiqui, pleader for defendants 1 to 3 and defendants 2 and 4 were present. They made a statement to the following effect : "the parties agree today that plaintiffs suit be decreed with costs against defendants and that defendants vacate the shop in dispute by or on 6-9-1948 failing which plaintiff will be entitled to immediately execute his decree. " the statement was signed
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