A compromise decree operates as an estoppel and is valid and binding unless set aside by the Court which passed the decree.

JUDGMENT

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree in A.S.No.7 of 2010 dated 09.08.2011 on the file of the learned Sub-Judge, Poonamallee by confirming the Judgment and Decree in O.S.No.6 of 1984 dated 15.04.2009, on the file of the learned Additional District Munsif, Poonamallee.)

1. The 7th defendant is the appellant in this Second Appeal.

2. The 1st respondent/plaintiff filed a suit seeking for the relief of delivery of possession of the suit properties from defendants 2 and 5 to 9.

3. The case of the plaintiff is that the suit properties were originally owned by late Munusami Naidu. The plaintiff is the adopted son of Munusami Naidu and his wife Jayammal. The said Munusami Naidu died in the year 1970 leaving behind the plaintiff and his mother Jayammal. The further case of the plaintiff is that Jayammal was in possession and enjoyment of all the lands till her death in the year 1975. The plaintiff claims to have become the absolute owner on the demise of Jayammal.

4. It is stated that the 1st defendant filed a suit in O.S. No.1079 of 1975 with respect to suit items 1 and 2 seeking for the relief of permanent injunction on the ground that Jayammal had sold those properties to Duraisami Naidu and he in turn settled the properties in favour of the 1st defendant. With respect to the 3rd Item, the 1st defendant was claiming to be a joint owner along with Duraisami Naidu.

5. The further case of the plaintiff is that he filed O.S.No.1276 of 1975 with respect to the suit properties as well as four other properties and sought for the relief of partition and allotment of half share in the properties. According to the plaintiff, the suit was decreed and he was allotted 108 cents in Survey No. 149/1 and 0.15 cents in Survey No. 150/1A.

6. Yet another suit was filed in O.S. No. 1721 of 1979 with respect to a house property. During the pendency of this suit, one of the witness DW1 had deposed that he was instrumental for all the documents executed by Jayammal. Simultaneously, yet another suit was filed in O.S.No.1085 of 1975 by one Govindasami claiming title under a Will executed by Jayammal and a settlement deed executed by Duraisami Naidu with respect to the property in Survey No.149/1 measuring 1.08 acres. During this period, one more suit came to be filed in O.S. No.1079 of 1975. All the suits were tried together. During the stage of evidence, the plaintiff came to know that the so called documents executed by Jayammal were sham and nominal. Hence, the present suit was filed seeking for delivery of possession against defendants 2 and 5 to 9 who claimed ownership under these documents and were in possession and enjoyment of the suit properties covered under these documents.

7. The 6th defendant filed a written statement and it was adopted by 7th and 9th defendants. They took a very specific stand that the plaintiff does not have any right over the suit properties and sought for the dismissal of the suit.

8. The 1st and 2nd defendants filed a written statement and took a stand that the suit properties were subject matter of the earlier three suits wherein decree has already been passed and hence, they raised a preliminary objection on the maintainability of the suit on the ground of res judicata.

9. Both the Courts below on considering the oral and documentary evidence and the facts and circumstances of the case, concurrently held in favour of the plaintiff and decreed the suit. Aggrieved by the same, the 7th defendant has filed this Second Appeal.

10. When the Second Appeal was admitted, the following substantial questions of law were framed:

a) In the light of the compromise entered into between the parties in O.S. No. 1079 of 1975, O.S. No. 1085 of 1975 and O.S. No. 1276 of 1975 on the file of Principal District Munsif Court, Poonamallee, out of 7 items in O.S. No. 1276 of 1975 filed for partition and separate possession claiming 1/2 share in the suit properties, two items