RAMA KANTA DEB Vs. BHAGABAN RAM KAIRI AND ORS.

JUDGEMENT

(1.) THESE analogous appeals arise out of miscellaneous cases Nos. 11 and 16 of 1958 in the Court of the Subordinate Judge, Cachar. The facts are as follows:

(2.) THE same points which were raised before the Subordinate Judge are again raised before us. It is argued that when a decree was passed in terms of a compromise which provided that the lease would be regarded as void and that the partnership would be revived, there was transfer of some ownership interest in the Cinema house and its properties to Bhagaban Ram Kairi and as such Section 64 of the Code of Civil Procedure would be attracted. Mr. Dam, appearing on behalf of the Respondents submits that there was no transfer and that even if there was a transfer the said transfer could not be regarded as a private transfer as contemplated in the above section.

(3.) I have had fee advantage of reading the judgment of my brother Dutta, J. and I agree with his conclusions and the proposed order. I would however, like to add my own reasons.