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2006 Supreme(HP) 48

S.B.SINHA, P.K.BALASUBRAMANYAN
MOHAMED MASTHAN – Appellant
Versus
SOCIETY, CONGREGATION, BROS. S. HEART – Respondent


Advocates Appeared:
For the Appellant: :Mr. V. Krishna Murthy, Advocate For the Respondents: :Mr. P.S. Mishra, Sr. Advocate, Mrs. Swarupa Reddy, Vallinayagam, S. Chandra Shekar & Mr. T. Harish Kumar, Advocates

JUDGMENT

S.B. Sinha, J. - 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 Lawrance, who was then Superior General of the First Respondent-Society (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, 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 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 here in or her agen











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