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PETITIONER: DURGA PRASAD (DEAD) BY LRS.

       Vs.

RESPONDENT: SMT. GITA KUMARI & ORS.

DATE OF JUDGMENT23/11/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  JT 1995 (8)   493        1995 SCALE  (6)695

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      It was  stated in the memorandum of compromise filed in this Court,  that the  first respondent had willingly agreed to  transfer  her  right,  title  and  willingly  agreed  to transfer her right, title and interest in the land, as found by the  High Court  of Patna  in Second Appeal No.602/74, in order dated August 29, 1978, for a valuable consideration of Rs.29,000/- payable  in  lump  sum  as  agreed  between  the parties. A  copy of  the receipt dated 30.3.1980 has already been placed  on record  signed by  the husband  of the first respondent that the said amount was already received by her. He stated therein that in his presence the amount was passed on to  his wife. Under these circumstances, since the matter has been settled out of the Court, it is not necessary to go into the  controversy. The appeal is accordingly disposed of in terms of the above compromise. No costs.      The Registry  is directed  to communicate this order to the respondents  as they  are not  appearing  in  person  or through counsel.