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Supreme Court of India · body

1984 DIGILAW 14 (SC)

M. Jankiramiah v. State of Andhra Pradesh

1984-01-08

R.B.MISRA, S.MURTAZA FAZL ALI

body1984
ORDER : We have heard counsel for the parties. In the instant case it appears that the High Court ought not to have wrongly interfered with concurrent findings of fact arrived at by the Sub-Judge and the District Judge on the claim and title of the appellant but it allowed the appeal on the ground that there was agreement between the parties. 2. The appellant has denied any such agreement and says that this was obtained by undue influence and some confusion. There is some truth in the statement of the appellant because we do not see any reason why the appellant for having succeeded in the two courts below which had negatived the claim of the appellant would enter into a compromise from which he does not stand to gain anything at all. The plea of undue influence, therefore, cannot be said to be groundless. We, therefore, allow this appeal and remit the case back to the High Court to decide the same in accordance with law ignoring the compromise, if any. The High Court will expedite the hearing of the case. There will be no order as to costs.