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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
V.Vanitha – Appellant
Versus
Rajamaniammal – Respondent
C.R.P.(PD).No.62 of 2021 and C.M.P.No.442 of 2021
Decided on : 30-07-2021
Constitution of India, 1950 - Article 227 – Civil Procedure code, 1908 - Section 151 - Specific Relief Act, 1963 - Section 27 - When rescission may be adjudged or refused - Revision petitioners seeking a judgment and decree to declare title of suit property and for consequential injunction restraining defendants from interfering with peaceful possession and enjoyment of suit property and to declare Sale Deed executed by 1st and 2nd defendants in favour of 3rd defendant as null and void - Criminal complaints were also lodged by revision petitioners against respondents and also against husband of 2nd respondent and also against Power of Attorney Agent and same was registered - High Court also directed initiation of criminal proceedings – Held, two Joint Compromise Memos which have been recorded by Court, admissions have been made by 1st and 2nd respondents and a duty is cast on III Additional District Judge to examine such admission and if they confirm to requirements under Order XII Rule 6 of CPC, to pass a judgment on such admissions - Merely because there has been a change of counsel and a new plea has been taken that compromise memos had been entered into by coercion, acceptance of that plea would defeat interest of justice - It would be questioning sanctity of earlier order passed by Court, which recorded compromise memos after examining parties - Compromise memos had been signed by respondents and also by their counsels - Court cannot be taken as a play ground to file Compromise memos and withdrawing same and thereafter insisting that when parties were examined they were under coercion - Such a procedure should not be encouraged - Civil Revision Petition allowed.
ORDER
1. This revision petition has been filed by the plaintiffs in O.S.No.128 of 2015 pending on the file of the III Additional District and Sessions Court, Poonamallee under Article 227 of the Constitution of India questioning the order dated 21.12.2020 in I.A.No.9 of 2020 in O.S.No.128 of 2015, I.A.No.9 of 2020 had been filed by the 1st and 2nd defendants in the suit under Section 151 of CPC to withdraw the compromise filed on 13.01.2020 and 03.02.2020.
2. The revision petitioners filed O.S.No.330 of 2010 before the Sub Court Poonamallee, which suit was subsequently transferred to the III Additional District Court Ponammallee and re-numbered as O.S.No.128 of 2015 seeking a judgment and decree to declare the title of the suit property in S.No.188/1A and for consequential injunction restraining the defendants from interfering with peaceful possession and enjoyment of the suit property in S.No.188/1A and to declare the Sale Deed dated 14.12.2009 executed by the 1st and 2nd defendants in favour of the 3rd defendant as null and void.
3. Before examining the order now questioned in this Revision Petition, a few background facts will have to be narrated.
4. The father-in-law of the 1st revision petitioner, by name K.Sampath owned properties on the southern side of Mount Poonamallee High Road (Porur Trunk Road) and also on the northern side of the said road.
5. The property on the southern side of Mount Poonamallee High Road bore S.No.188/25. The property on the northern side of Mount Poonamallee High Road bore S.No.188/1A. The property in S.No.188/25 on the southern side of the Mount Poonamallee High Road measured 18 cents. The property in S.No.188/1A on the northern side of the Mount Poonamallee High Road measured 21,738 Sq.ft.
6. The property on the southern side in S.No.188/25 was vested by K.Sampath by a Sridhana Deed dated 11.09.1942 in favour of his sister Mangalam Ammal for her life and later to her son Krishnamoorthy. After the death of Mangalam Ammal, her son Krishnamoorthy / husband of the 1st respondent sold the 18 cents of land to one Logambal by registered Sale Deed dated 01.06.1957 registered as Doc.No.1424/1957 in the office of the Sub-Registrar, Saidapet Joint II. Thus after that Sale Deed, Krishnamoorthy and his family members had no existing title to the property in S.No.188/25 which was on the southern side of the Mount Poonamallee High Road.
7. With respect to the property in S.No.188/1A which was on the northern side of Mount Poonamallee High Road, a Sale Deed dated 14.12.1979 was executed by K.Sampath and his sons including the husband of the 1st petitioner / Vijayaragavan in favour of a society by name “Siddha Naickenpatti Hindu Nadar Uravin Murai Magamai Fund” with respect to a portion to an extent of 15,642 Sq.ft. The said society constructed a Kalyana Mandapam called Easwari Kalyana Mandapam in the said land. K.Sampath and his sons retained the remaining 6096 Sq.ft of land. On 28.12.1992, K.Sampath executed a registered Will bequeathing the 6096 Sq.ft of land in S.No.188/1A which was on the northern side of the Mount Poonamallee High Road along with the house there in to his son Vijayaraghavan who is the husband of the 1st petitioner.
8. K.Sampath died on 23.06.1998, and the Will came into the force. Vijayaraghavan developed the front portion of the property by putting up three shops and leased out the same. Vijayaraghavan died on 02.06.2002. The revision petitioners namely, his wife and two daughters inherited the said property in S.No.188/1A measuring 6096 Sq.ft on the northern side of Mount Poonamallee High Road.
9. After the death of Vijayaraghavan on 02.09.2002, the 1st and 2nd respondents namely, the wife of Krishnamoorthy and her daughter executed a General Power of Attorney in favour of one Ziaudeen to sell the property in S.No.188/25 which was on the southern side of Mount Poonamallee High Road and which had already been sold to Logambal by Krishnamoorthy by registered Sale Deed dated 01.06.1957.
10. The 1
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