S.Subramani v. S.Rajaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR [Virtual Mode] S.Subramani [deceased] 1.Mrs.S.Renuka 2.S.Bharath Arun 3.Mrs.Aruna .. Appellants/Defendants Vs.

S.Rajaram .. Respondent/Plaintiff Prayer:- Appeal Suit filed under Section 97 and order XLI Rule 1 of the Code of Civil Procedure to set aside the judgment and decree passed in O.S.No.139/2012 dated 16.08.2018, on the file of the learned Principal District and Sessions Judge at Thiruvallur and consequently dismiss the Suit together with costs.

For Appellants :

Mr.M.L.Ramesh For Respondent :

Mr.Mohan Subramanian

JUDGMENT

(1) Learned counsels appearing for the appellants and respondent produced before this Court a Memorandum of Compromise signed by 1 Page of 6

the parties namely the appellant and the respondent in the presence of their respective counsels.

(2) The Compromise Memo dated 27.01.2021 shows that this appeal has been preferred as against the judgment and decree in the Suit in O.S.No.139/2012 on the file of the learned Principal District and Sessions Judge at Thiruvallur granting a decree for specific performance of an Agreement of Sale dated 13.10.2011. (3) The appellants in this appeal are the legal representatives of the deceased, sole defendant who had entered into an Agreement of Sale with the plaintiff/respondent on 13.10.2011. The plaintiff has also prayed for an alternative remedy for the refund of the advance of the sale consideration of Rs.12 lakhs together with the compensation of a sum of Rs.13 lakhs in full and final quit. The Compromise Memo signed by the parties in the presence of learned counsel appearing for the appellants and respondent contain the following terms and conditions.

A. That the respondent herein agreed to take the decree and judgment reserved as regarding the prayer for specific performance of the agreement for sale dated 13.10.2011.

2 Page of 6

B. That the respondent agrees to take alternative decree and judgment for alternative remedy for refund of the advance sale consideration of Rs.12,00,000/- together with compensating of Rs.13,00,000/- in full and final quit.

C. That the appellant had paid a sum of Rs.13,50,000/- (Rupees Thirteen Lakhs and Fifty Thousand Only] as follows:

i. By cash of Rs.6,50,000/- [Rupees six lakhs and fifty thousand only] on 05.03.2020. The receipt of the said sum, the respondent hereby acknowledges.

ii. A cheque bearing No.298324, dated 12.03.2020 drawn on Indian Bank of India, Madhavaram Branch for a sum of Rs.6,00,000/-.

iii. A cheque bearing No.298333, dated 12.03.2020 drawn on Indian Bank of India, Madhavaram Branch for a sum of Rs.1,00,000/-.

iv. The remaining would be paid within a period of one month from this date. Thereby a total sum of Rs.25,00,000/- would be paid as full and final settlement.

D.The respondent hereby agrees to cancel the agreement for sale dated 13.10.2011. Further there shall not be any charge over the property from this date.

F.The respondent do not have any objections for the appellant to apply and receive all the documents which were filed before the Honourable Trial Court and marked as exhibit A1 to A7 and 3 Page of 6

G.The respondent herein shall not claim either by himself on by any person or persons claiming thorough him, any right, claim, title over the property subject matter of this appeal.

H.The respondent herein declares that the physical possession of the property is with the appellant herein.

I.The respondent agrees to subject himself to the decree being passed by this Honourable Court in terms of this Memorandum of Compromise.

J.The respondent agrees to cancel the registration of the agreement for sale dated 13.10.2011 registered as document No.2356 of 2011, dated 13.10.2011 on the file of the Sub Registrar, Ponneri after receiving the remaining payment of Rs.11,50,000/- [Rupees Eleven Lakhs and Fifty Thousand only] from the appellant.

K.The respondent agrees to issue Rs.11,50,000/- after receiving the same valid receipt for Rs.11,50,000/- after receiving the same.

L.This Memorandum of Compromise had been arrived after negotiations between the appellant and the respondent out of their free collation and consent.

(4) Learned counsels appearing for the appellants and the respondent state that this Court may dispose of the appeal in terms of the Compromise Memo signed by the parties in the presence of their 4 Page of 6

respective counsels.

(5) In view of the Compromise Memo dated 27.01.2022 filed before this Court which shall form a part of record, the Appeal Suit is disposed of in terms of the Compromise Memo filed. No costs. 01.02.2022 cda Internet : Yes To The Principal District and Sessions Judge, District Court, Thiruvallur.

5 Page of 6

S.S.SUNDAR, J., cda 01.02.2022 6 Page of 6