MD FAKIR MONDAL Vs. GOLAM MONDAL

JUDGEMENT

(1.) THIS is directed against the decision of the learned Subordinate; Judge, Additional Court, nadia in T. A. No. 146 of 1972 dated 10/8/1973 reversing that of the learned Munsif, Ranaghat in Title Suit No. 174 of 1971 dated 3/6/1972.

(2.) ADMITTEDLY, Golam Mondal, Joynal. Mondal and Pear mondal who are the present respondent filed Title Suit no. 527 of 1966 in the Court of Munsif, Ranaghat claiming a right of passage over a few plots against the present appellants Fakir Mondal, Danesh and Forman and others. Fakir Mondal was defendant no. 1 and Farman was defendant no. 5 in the said Title Suit no. . 527 of 1966. The suit was fixed for hearing on 21. 4. 71. Admittedly, Fakir did not turn up on the date in court. It is also undisputed that a Solenma was filed by both, the parties in the suit to settle the dispute In the solenama Farman who was defendant no. 5 in that suit signed on behalf of the appellant Fakir Mondal. The. Solenama was also counter-signed by the learned Advocates of both ' sides. A decree was passed in terms of the solenama.

(3.) THE plaintiff-appellant filed Title suit No. 174 of 1971 for setting aside the said compromise decree inter alia on the ground that Farman Mandal was never authorised by the plaintiff to compromise the suit on his behalf. According to the plaintiff compirpmise decree passed in title suit no 527 of 1966 was liable to be set aside because defendant no. 5 Farman Mondal had not been authorised by him to file the. Solenama and as such the solenama decree was not binding on the plaintiff.