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1922 Supreme(All) 259

SULAIMAN
Musammat Masita Bibi – Appellant
Versus
Khuda Baksh – Respondent


JUDGMENT

Sulaiman, J. - This is a plaintiff's appeal arising out of a suit for possession of some land by demolition of certain constructions made by the defendant. The defendant had denied the plaintiff's title and the main issues raised in the case were questions of fact. Both the Courts below have dismissed the plaintiff's claim. So far as the decision on the merits is concerned, it is not challenged in second appeal before me and ground No. 3, taken in respect to the vague decision to which the finding has been arrived at, has not been pressed. The only point that has been strongly contended before me was that, in view of the agreement arrived at between the parties on the 14th of September, 1920, under which they had agreed to abide by the statement of one Muhammad Hadi Hasan, the lower Appellate Court was not justified in going behind that agreement and disposing of the appeal on the merits.

2. It appears that, on the 14th of September 1920, when the learned Judge of the Small Cause Court went to make a local inspection, a statement was made before him by the defendant-respondent on the one side and by the vakil as well as the husband of the plaintiff-appellant on the other, to

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