T S SESHAN PATTAR Vs. TRVEERA RAGHAVA PATTAR

JUDGEMENT

(1.) The plaintiff has taken the preliminary objection that an agreement was entered into on behalf of the 3 defendant (appellant) to settle the affairs of the temple and to withdraw the appeal. This, is denied by the 3 defendant.

(2.) Affidavits have been put in by both sides, but we cannot decide this question on affidavit evidence.

(3.) The case must be remitted to the lower appellate Court for a finding whether an agreement was entered into on behalf of the 3 defendant by parties duly authorised by him in that behalf, and for good consideration, that the appeal against the decree which had been obtained by the plaintiff should be withdrawn.