The High Court disposed of an appeal filed to set aside a decree for specific performance of an agreement for sale. The Court approved the appeal based on a Memorandum of Compromise signed by the parties, which provided for settlement and cancellation of the agreement.
The appeal was disposed of in terms of the Memorandum of Compromise signed by the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
AS.No.23/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AS.No.23/2019
[Virtual Mode]
S.Subramani [deceased] 1.Mrs.S.Renuka 2.S.Bharath Arun
3.Mrs.Aruna
.. Appellants/Defendants
Vs.
S.Rajaram .. Respondent/Plaintiff
Prayer:- Appeal Suit filed under Section 97 and order XLI Rule 1 of the Code of Civil Procedure to set aside the judgment and decree passed in O.S.No.139/2012 dated 16.08.2018, on the file of the learned Principal District and Sessions Judge at Thiruvallur and consequently dismiss the Suit together with costs.
For Appellants : Mr.M.L.Ramesh
For Respondent : Mr.Mohan Subramanian
JUDGMENT
(1) Learned counsels appearing for the appellants and respondent
produced before this Court a Memorandum of Compromise signed by
1 Page of 6
AS.No.23/2019
the parties namely the appellant and the respondent in the presence of their respective counsels.
been preferred as against the judgment and decree in the Suit in O.S.No.139/2012 on the file of the learned Principal District and Sessions Judge at Thiruvallur granting a decree for specific performance of an Agreement of Sale dated 13.10.2011.
(3) The appellants in this appeal are the legal representatives of the deceased, sole defendant who had entered into an Agreement of Sale with the plaintiff/respondent on 13.10.2011. The plaintiff has also prayed for an alternative remedy for the refund of the advance of the sale consideration of Rs.12 lakhs together with the compensation of a sum of Rs.13 lakhs in full and final quit. The Compromise Memo signed by the parties in the presence of learned counsel appearing for
the appellants and respondent contain the following terms and conditions.
A. That the respondent herein agreed to take the decree and judgment reserved as regarding the prayer for specific performance of the agreement for sale dated 13.10.2011.
2 Page of 6
AS.No.23/2019
B. That the respondent agrees to take alternative decree and judgment for alternative remedy for refund of the advance sale consideration of Rs.12,00,000/- together with compensating of Rs.13,00,000/- in full and final quit.
C. That the appellant had paid a sum of Rs.13,50,000/- (Rupees Thirteen Lakhs and Fifty Thousand Only] as follows:
D.The respondent hereby agrees to cancel the agreement for sale dated 13.10.2011. Further there shall not be any charge over the property from this date.
F.The respondent do not have any objections for the appellant to apply and receive all the documents which were filed before the Honourable Trial Court and marked as exhibit A1 to A7 and
3 Page of 6
AS.No.23/2019
G.The respondent herein shall not claim either by himself on by any person or persons claiming thorough him, any right, claim, title over the property subject matter of this appeal.
H.The respondent herein declares that the physical possession of the property is with the appellant herein.
I.The respondent agrees to subject himself to the decree being passed by this Honourable Court in terms of this Memorandum of Compromise.
J.The respondent agrees to cancel the registration of the agreement for sale dated 13.10.2011 registered as document No.2356 of 2011, dated 13.10.2011 on the file of the Sub Registrar, Ponneri after receiving the remaining payment of Rs.11,50,000/- [Rupees Eleven Lakhs and Fifty Thousand only] from the appellant.
K.The respondent agrees to issue Rs.11,50,000/after receiving the same valid receipt for Rs.11,50,000/- after receiving the same.
L.This Memorandum of Compromise had been arrived after negotiations between the appellant and the respondent out of their free collation and consent.
(4) Learned counsels appearing for the appellants and the respondent
state that this Court may dispose of the appeal in terms of the
Compromise Memo signed by the parties in the presence of their
4 Page of 6
AS.No.23/2019
respective counsels.
(5) In view of the Compromise Memo dated 27.01.2022 filed before this Court which shall form a part of record, the Appeal Suit is disposed of in terms of the Compromise Memo filed. No costs.
01.02.2022
cda Internet : Yes To The Principal District and Sessions Judge, District Court, Thiruvallur.
5 Page of 6
AS.No.23/2019
S.S.SUNDAR, J.,
cda
AS.No.23/2019
01.02.2022
6 Page of 6
1 issue framed by the court
Whether the appeal filed to set aside the judgment granting decree for specific performance should be disposed of based on the parties' signed compromise memorandum.
1 provisions across 1 enactments
S.Subramani (deceased; legal reps: Mrs.S.Renuka, S.Bharath Arun, Mrs.Aruna)
S.Rajaram
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
