Partly allowed

Chaya Satish Polawar and Another v. Haribhau Govindrao Amilkanthwar (Died) Lrs Ujjwala and Others

Bombay HC18 Nov 2021CA/3419/2019

Case brief

AI extract

What is this about?

The High Court disposed of the second appeal and civil application after parties reached a compromise. The court set aside prior judgments and held the compromise decree required registration under Section 17 of the Indian Registration Act as it involved relinquishing rights in immovable property for monetary relief.

What did the court decide?

Second appeal, Civil Application, Judgment, Decree in Suit No.31/2008 and Appeal No.192/2012 set aside; suit disposed of per compromise; registration directed.

placed on record, which are not marked Exh.’X’. The applicants are the original plaintiffs, who had filed suit for possession, perpetual injunction and mesne profits. It is to be noted that now the original plaintiffs are admitting the Will left by one Shantabai Yerawar on 16.12.1996 in favour of the original defendant No.1 Haribhau. However, it appears that the defendants had agreed to pay amount of Rs.40,00,000/- i.e. Rs.20,00,000/- each to the

Rs.4,00,000/-. It has been then mentioned that the remaining amount of Rs.36,00,000/- in the form that Rs.20,00,000/- to appellant No.1 and Rs.16,00,000/- to appellant No.2 will be paid by the defendants on or before 31.12.2021. A stipulation has been made that if the respondents failed to pay the remaining amount, then the settlement would stand cancelled. In view of this kind of settlement, definitely, the decree that will be passed, wherein now the plaintiffs admit that they were not having any existing right but they are receiving huge amount, in view of Bhoop Singh vs. Ram Singh Major and others, 1995 (2) Mh.L.J., 916, wherein it has been observed that - “If a compromise decree were to create for the first time right, title or interest in immovable property of value of Rs.100/- or upwards in favour of any party to the suit, the decree or order would require registration.” Though in this case by this term no fresh right is created; yet, the right which was claimed in the immovable property is in a way relinquished or in lieu of that claim of the right in the immovable property, the plaintiffs are getting huge amount, therefore, the compromise decree deserves registration.

2The learned Registrar (Judicial) has verified the terms of compromise and, therefore, in view of the said compromise terms Exh.’X’ the Second Appeal stands disposed of. Civil Application stands disposed of.

No.31/2008 by learned Joint Civil Judge Senior Division, Nanded on 16.04.2011 and the Judgment and order passed by learned District Judge-4, Nanded in Regular Civil Appeal No.192/2012 on 20.06.2018 is hereby set aside. The suit i.e. Special Civil Suit No.31/2008 stands disposed of in terms of compromise terms Exh.’X’.

5Copy of the decree be sent to the Sub Registrar, Nanded for further action, in view of Section 17 of the Indian Registration Act, further in view of amendment by Maharashtra State to Section 17 of the Indian Registration Act.

Chaya Satish Polawar and Another v. Haribhau Govindrao Amilkanthwar (Died) Lrs Ujjwala and Others

Case brief

What is this about?

What did the court decide?

Chaya Satish Polawar and Another v. Haribhau Govindrao Amilkanthwar (Died) Lrs Ujjwala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suryabhan Tukaram Dhaigude and Ors. Vs Aashabai Abhiman Dhalgude and Anr.

Karbhari @ Shivaji Gitaram @ Sitaram Bachkar Vs Dadasaheb Baburao Karmad and Others

Tukaram Vishwanath Kantule Died through Lrs Padmabai Tukaram Kantule and Othres Vs Sharadkumar Govindrao Pande

Chaya Satish Polawar and Another Vs Haribhau Govindrao Amilkanthwar (Died) Lrs Ujjwala and Others

Dilipkumar S/O Nandlal Talreja and Another Vs Rukmini Urban Co-Op Credit Soc. Ltd. through Its Branch Manager Satish S/O Baburao Deore and Other

Durgabai Khushalchand Rathi Died through Lrs Bansilal Khushalchand Rathi and Others Vs Sadakunnwar Pannalal Bharadiya Died through Lrs Pannalal Kanhaiyalal Bharadiya and Others