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2021 Supreme(Mad) 661
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J.
P. Poonkothai - Appellant
Versus
S. Seetharaman & Others - Respondent
A. No. 4224 of 2013 in CS. No. 122 of 2008
Decided On : 10-03-2021
For the Applicant :T.R. Rajagopalan, SC, for M. Kamalanathan, Advocates.
For the Respondent:S. Rajasekhar, Advocate.
The main legal point established in the judgment is that the rights of a claimant under one of the sharers in a property dispute and the effect of a sale deed on a compromise decree were key considerations in the court's decision.
Headnote:
Compromise Decree - Property Dispute - CS.No.122 of 2008 - [Indian Contract Act, 1872 - Section 10, Transfer of Property Act, 1882 - Section 54, Civil Procedure Code, 1908 - Order 23 Rule 3] - The court discussed the legal provisions of the Indian Contract Act, Transfer of Property Act, and Civil Procedure Code in relation to the compromise decree and its validity. The interpretation of the rights of the applicant as a claimant under one of the sharers and the effect of the sale deed on the compromise decree were key in the court's decision to dismiss the application to set aside the compromise decree.
Fact of the Case:
The application was filed to set aside the compromise decree in a property partition suit. The applicant claimed that she was not made a party to the compromise and that her lawyer was wrongly described in the proceedings. The respondents contended that the applicant had no locus standi to challenge the compromise as she was only a claimant under one of the sharers.
Finding of the Court:
The court found that the applicant was entitled to the extent purchased by her within the share allotted to the fifth respondent. It also found that the applicant's counsel had notice of the proceedings, and the mistake in the recording of the name was a clerical error that did not render the compromise and the decree null and void.
Issues: The issues involved the applicant's locus standi to challenge the compromise, the representation of the applicant in the proceedings, and the validity of the compromise decree.
Ratio Decidendi: The court held that the applicant's claim under the first defendant entitled her to the extent purchased within the share allotted to the fifth respondent. It also held that the mistake in recording the name of the applicant's counsel was a clerical error and did not affect the validity of the compromise decree.
Final Decision: The application to set aside the compromise decree was dismissed by the court.
JUDGMENT :
Prayer: Application filed to set aside the compromise decree dated 01.11.2012 in CS.No.122 of 2008.
1. The above application has been filed by the 14th defendant in the suit, seeking to set aside the Compromise Decree dated 1.11.2012 in C.S.No.122 of 2008.
2. A brief narration of the facts is essential for appreciating the point in issue.
3. The respondents 1 to 4 herein had filed the suit, C.S.No.122 of 2008, seeking partition of their 3/8th share in the suit schedule properties.
4. The admitted case of the parties is that the property belonged to one Duraisami, the father of the first defendant and the fourth plaintiff. Respondents 5 to 12/Defendants 2 to 9 in the suit are the children of the deceased son Ramachandran and Respondents 1 to 3/plaintiffs 1 to 3 and respondents 13 to 16/defendants 10 to 13 are the legal representatives of deceased daughter Krishnaveni.
5. The 5th respondent/first defendant had filed a written statement together with a counter claim seeking partition of his 1/4th share in the suit schedule property. The respondents 6 to 12 had contested the suit. However, ultimately, the parties, namely the respondents 1 to 16 herein, had entered into a memorandum of compromise on 31.08.2012 in and by which the properties were partitioned and each sharer was alloted a distinct share in the property.
6. The mode of division was also encapsulated in a sketch which was attached with the memorandum of compromise. This Court by judgment dated 01.11.2012, was pleased to record the compromise and pass a decree in terms of the compromise.
7. The applicant herein had been arrayed as the 14th defendant in the suit since she had purchased 1820 sq.ft. in the first item of the suit schedule property. The applicant and respondents 17 and 18/defendants 14 to 16 who were the agreement holders/purchasers of certain portions of the suit property were not parties to the memorandum of compromise.
8. It is also to be mentioned that the applicant's daughter had originally entered into an agreement of sale deed 14.12.2004 with the fifth respondent in respect of the larger share in the first item of the suit schedule property. Thereafter, a portion of the property agreed to be sold was sold to the applicant vide a sale deed dated 12.05.2006. After the compromise decree was passed, the applicant's daughter had filed a suit in O.S.No.4523 of 2013 on the file of the XIX Additional City Civil Court, Chennai for specific performance. This suit was also dismissed by a judgment and decree dated 07.11.2014, as against which, she had moved A.S.No.108 of 2015 before this Court.
9. The applicant has filed this application simultaneously on the ground that the decree has been obtained by suppression and is an abuse of process of law. This allegation is made by the applicant on two grounds:
(a) That she was not made a party to the compromise and the sale in her favour has not been referred to.
(b) She is shown to be represented by one M. Balasubramaniam, Advocate, whereas her counsel is one M. Kamalanathan. On the date on which the compromise has been entered into she has not been represented.
10. The defendants and plaintiffs have filed their respective counters in this application inter alia contending that the applicant has no locus standi to challenge the Memorandum of Compromise that was entered into between the sharers, since she herself is only a claimant under one of the sharers, namely the fifth respondent. They would further submit that though a partition by metes and bound had not been entered into and specific and distinct shares alloted to parties, the applicant had entered into a sale deed to purchase a specified property with four boundaries without the same being allotted to the share of the 5th respondent.
11. The respondents would submit that the applicant was represented by her lawyer when the compromise had been recorded. They would also contend that there was no necessity to make her a party to the Compromise Memo since the settle
