Law: Evidence Act, (1 of 1872)

Section: 18

Law: Civil Procedure Code (V of 1908)

Section: 0.XXIII,r.3

(a) Civil Procedure Code (V of 1908)- 0. XXIII, r. 3-Compromise-One of respondents not consenting to terms of compromise and such terms affecting his interests-Order passed on lines of compromise, held, not correct. (b) Evidence Act (I of 1872)--- S. 18-Statements, admissibility of-Statements of a person from whom a party to suit derived his interest in subject-matter of suit or proceedings-Receivable as admissions against latter if made during continuance of interest of former.-Party against whom statement tendered in evidence-Can be said to be in privity with person making statement only in such case -Interest of maker of statement once ceasing to exist, privity, held, comes to end and no statements thereafter can bind successor-in-interest. Bhagirathi v. Pandit Onkar Nath A I R 1:924 Oudh 17 ref. ORDER ZAFFAR HUSSAIN MIRZA, J.-The controversy between the parties in this appeal concerns the question of double allotment of the same piece of agricultural land in favour of Mst. Sahib Bibi (predecessor-in-interest of the appellants) and the first respondent, Malik Jalaluddin, under separate M. R. Vs. issued under Martial Law Regulation No. 89. The question turns on the point as to who was the prior allottee of the land. Leave in this case was granted in order to examine the effect of a compromise application filed by Mst. Sahib Bibi and Malik Jalaluddin in the proceedings before the High Court, whereby the latter had accepted the claim of Mst. Sahib Bibi that she was in fact the prior allottee. Since this matter went to the root of the case, it was felt by the leave granting Bench of this Court, that the question requires examination, whether in the face of such admission on the part of Malik Jalaluddin, the High Court could still declare the orders of the departmental authority maintaining the allotment of Mst. Sahib Bibi, to be without lawful authority and of no legal effect. The facts leading to this appeal are, that Malik Jalaluddin, respondent No. 1 herein, was allotted the land in dispute on the basis of his Q. P. R. V., for which Parcha Taqseem Khatooni was issued to him on 9-9-1959. The same land was also allotted to Mgt. Sahib Bibi and since it was 4…

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