Banwari Jogi vs Jamna Kasaudhan - 1930 Supreme(All) 265

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1930 Supreme(All) 265

Banwari Jogi – Appellant
Versus
Jamna Kasaudhan – Respondent

JUDGMENT

1. This is an appeal from an order of the District Judge remanding the case to the first Court for a trial de novo. The suit was one for a declaration of title and for possession of land by demolition of certain constructions on it. One of the points in dispute was whether the constructions were old or new. On the 22nd of March, 1928, a joint application signed by the Pleaders for both the parties was filed before the learned Munsif in which they agreed that the Court should personally inspect the locality, and might ask the parties to produce any further evidence which it considered necessary, and then record a judgment which should be acceptable to both the parties in every way. After this agreement the Court; made the local inspection and took such steps as it considered necessary and then pronounced its judgments. In the body of the judgment the learned Munsif has referred to this agreement and has stated that the parties undertook to abide by the decision of the Court if it was made after a local inspection and that it was in consequence of this undertaking that he inspected the locality in the presence of the parties and their Pleaders.

2. The suit was dismissed by the

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