PANCHANAN BOSE Vs. CHANDI CHARAN MISRA

JUDGEMENT

(1.) This case comes before us by way of second appeal, the suit being one by which the plaintiffs seek a declaration of their right to a patta in a four-anna share in the lands described in the schedule, for relief in respect of that four-anna share and for possession. The suit is based on a solehnama or agreement of compromise, by which the differences in a former suit, that is, suit No. 350 of 1903, were composed.

(2.) The defendants have objected to the plaintiff's claim on several grounds, but on appeal the only point discussed has been regarding (sic) not the solehnama was admissible in evidence. The field (sic) that has found favour with the lower Courts and also (sic) Mr. Justice Sharfuddin, before whom the case came by way of appeal in the first instance, has been that it was inadmissible, and it is from the judgment confirming the decree of the lower Appellate Court that the present appeal is preferred under Clause 15 of the Letters Patent.

(3.) Before us it has been contended by the appellants that the lower courts and Mr. Justice Sharfuddin committed an error, in so far as they held that the document and its terms had not been proved; and it has been contended that there was no need for registration, first, because the terms were embodied in a decree or order of the Court; and, secondly, because the document did not actually amount to a lease, but merely created a right to obtain another document which, when executed, would create an interest in land.