ASSAM AND NAGALAND HIGH COURT
, J
Fatema Khatun v. on the death of Md. Jainuddin his heir Golapjan Bewa
| Table of Content |
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| 1. court examines the trial court's acceptance of settlement regarding land possession. (Para 1 , 2 , 3) |
| 2. defendants' arguments about necessary written compromise addressed. (Para 4 , 5 , 6) |
| 3. court affirms prior judgment, dismissing the appeal. (Para 7) |
1. This second appeal is by the defendants. The plaintiff brought the suit out of which this appeal has arisen, for a declaration of title and for recovery of possession of about 7 bighas and odd of land described in schedules to the plaint. It would appear that the defendants Nos. 1 to 3 had obtained a decree against one Gani Mamud and in execution of that decree brought his properties to sale and purchased the same. Continuing the execution the defendants Nos. 1 to 3 took delivery of possession of the land purchased and according to the plaintiff's case this included some of the lands belonging to the plaintiff himself. The plaintiff brought the suit, as already pointed out, for a declaration of title and restoration of possession, his application for restoration of possession under Or. 21 R.100, Civil Procedure Code having been dismissed by the executing court.
2. The defendants raised a number of defences and a
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