A compromise decree can encompass properties not originally in the suit, and parties are bound by their agreed terms.

ORDER

Challenging the impugned order dated 28.11.2024 passed by the execution Court thereby ordering delivery, the present revision petition has been filed.

2. The revision petitioner is the plaintiff and the respondents are the defendants. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. Brief facts of the case as follows :- The suit has been filed originally in O.S.No.271 of 2017 by the revision petitioner as against the respondents herein for claiming partition. According to the plaintiff, she is the daughter of the first wife of late Narayanan, which has been disputed by the defendants in the suit. According to the defendants, the first defendant is the first wife of the said Narayanan and other defendants 2 & 3 are born through the first wife.

4. Though the said contention has been raised, in the suit, a compromise was entered between the parties, wherein the compromise decree has been passed by the IV Additional City Civil Court, Chennai. The compromise recorded by the parties is as follows :-

“COMPROMISE MEMO FOR CONSENT DECREE TO BE PASSED

The plaintiff and defendants have entered into following memo of compromise.

1. The plaintiff and defendants are the legal heirs of deceased S.Narayanan died intestate on 04.01.2013.

2. The deceased Narayanan during his life time purchased the suit schedule mentioned properties 3 items in his name.

a. The house and premises bearing Plot No.147, Block No.94, T.S.No. 49, Old Survey No. 242/1, R.S.Nos. 242/1 & 243/1 Kodampakkam Village, Door No.14, Subramaniya Salai, Saidapet, Chennai 600 015, measuring an extent of 1287½ sq.ft, and 1338 sq.ft., in total 2626 sq.ft., vide Document No. 485/1998 & 486/1998 in the name of S.Narayanan.

b. All that part and parcel of house and site situated at Mambalam, Guindy Taluk, Saidapet Village, Door No.8, Amma Kannamma Street, Saradhi Nagar, Saidapet, Chennai 600 015, bearing S.R.No.86-Part, Block No.11, T.S.No.2, measuring an extent of 1196 sq.ft., vide Document No. 5496/2011 in the name of S.Narayanan.

c. All that part and parcel house and site situated at Venpakkam Village, Kacheri Road, Ponneri -2, bearing Survey No.520/2C, 2B measuring an extent of 3121 sq.ft., vide Document No. 5039/2006 in the name of S.Narayanan.

3. The said Late Narayanan established the business under the name & style of M.G.R. Galaxy network cable business also run by the 2nd defendant herein after the death of S.Narayanan.

4. It is further state that the defendants after the death of S. Narayanan collected all the rent income including the schedule mentioned property and also the revenue from the said business nearly Rs.50,000/- (Rupees fifty thousand only).

5. It is state that after the discussion the plaintiff and defendants agreed that the suit schedule items of properties 2 & 3(in this memo referred as b & c) are allotted to the plaintiff and no interest or right over the same to be claimed by the defendants herein after. The defendant shall execute the necessary deed of release infavour of the plaintiff in respect of the suit schedule item No.2 & 3 of property after the Decree of compromise under the cost of the defendants.

6. The plaintiff shall execute the release deed infavour of defendants in respect of the schedule 1 property in this memo referred as (a) under the cost of the defendants.

7. It is further state that the defendants agreed to give necessary consent and sign necessary application to obtain Patta in favour of the plaintiff in resepct of both item 2 and 3 mentioned in suit schedule property and also agreed to vacate the existing tenants by refunding the advance amount and hand over the vacant possession of the properties to