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2006 Supreme(SC) 231

S.B.SINHA, P.K.BALASUBRAMANYAN
MOHO. MASTHAN – Appellant
Versus
SOCIETY OF CONGREGATION OF THE BROTHERS OF THE SACRED HEART – Respondent


Advocates who appeared in this case:
V. Krishna Murthy, Advocate, for the Appellant;
P.S. Mishra. Senior Advocate Ms Swarupa Reddy. Vallinayagam, S. Chandra Shekhar and T. Harish Kumar, Advocates with him) for the Respondents.

Judgment

S.B. SINHA, J.-

1. Leave granted.

2. The properties in question are said to be belonging to the Society of Congregation of the Brothers of the Sacred Heart. Brother Lawrence, who was then Superior General of the first respondent Society ("the Society") transferred 8 acres and 44 cents of land to one Siluvai Rajan by a deed of sale dated 18-10-1979. According to the Society, the said sale was illegal. After the death of the said purchaser, his wife sold the property to her sister Juliet Mary, the second respondent herein by a deed of sale dated 23-7-1986. The first respondent filed a suit against the second respondent in the Court of District Munsif, Tirunelveli which was marked as OS No. 1220 of 1987 praying for declaration of title and possession and consequential injunction. The parties entered into a compromise in terms whereof right, title and interest of the first respondent was accepted. A compromise memo was also filed. The suit of the Society was decreed in terms thereof. A decree was prepared on the basis of the said settlement declaring that the suit property belonged to the plaintiff Society, and granting permanent injunction restraining the second respondent herei






















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