Anantha Padmanabhan vs Achutha Padmanabhan (deceased), & Ors.

The suit had been filed seeking partition and separate possession. The plaintiff and the deceased sole defendant are brothers. Subsequent to the

demise of the defendant, his wife and son have been brought on record. Very fortunately and also to the satisfaction of the Court, for which, this

Court also placed its deep appreciation to the learned counsel for the plaintiff-M/s.Pass Associates and the learned counsel for the defendants-

M/s.Senthil Kumar Associates, both the plaintiff and the defendants have mutually agreed to enter into a Memorandum of Compromise.

Accordingly, the Memorandum of Compromise was prepared and it has been signed in each and every page by the plaintiff-Anantha

Padmanabhan and by two defendants, Mrs.A.Radha and her son Mr.A.Srikumar. The plaintiff and the defendants are also present in Court today.

The Memorandum of Compromise has also been signed by the learned counsel for the plaintiff and the defendants. There is also a rough sketch

prepared, giving the common road, Plot ''B'' in green colour and Plot ''A'' in blue colour. Plot ''''B''''is alloted to the plaintiff. Plot ""A"" is alloted to

the defendants. The parties as stated above, are present in Court. As a matter of fact, the first defendant-Mrs.Radha had read the Memorandum

of Compromise to satisfy herself.

The terms of Joint Memorandum of Compromise are recorded, which reads as follows:

The Plaintiff and Defendants respectfully submit as follows:

The Plaintiff and Second & Third Defendants mutually agree to share the suit property bearing Old No.459, New No.42, Plot No

1-A, Kilpauk Garden Road, Kilpauk, Chennai-600 010 duly sub divided vide L.A.No.126/71, dated 27.08.1971 measuring an

extent of 5520.98 Sq.Ft. and together with the rights and obligations over the 16 Ft. common road on the eastern side, comprised in

R.S.No.77/2, Egmore Village, Egmore- Nungambakkam Taluk, Chennai District and morefully described in the Schedule A

hereunder.

The plaintiff and the defendants mutually agree to partition the property as per the sketch annexed herewith. The plaintiff is hereby

allotted the eastern side plot measuring 2754.58 Sq.Ft. along with the right in common passage and more fully described in the

Schedule B hereunder and referred to as Plot No-B in the sketch annexed and the second & third defendants are allotted the western

side portion measuring 2766.40 Sq.Ft. and morefully described in the Schedule C hereunder and referred to Plot No.A in the

Sketch.

The Plaintiff and the second & third defendants agree to vacate and hand over the vacant possession of the schedule property

within a period of Six months from the date of decree enabling them to demolish the schedule property and occupy them.

The Plaintiff and the second & third defendants mutually agree to apply for permission for demolition of the existing building and

shall bear the expenses equally and shall also share the income yielding on account of demolishing the building equally. They agree

that following the demolition, they will be in absolute ownership and possession of their respective shares as stated in Clause 2 supra.

The Plaintiff and the second & third defendants after partitioning the property they are at the liberty to obtain Patta for their

respective property and occupy the same absolutely with absolute right to alienate the same.

The parties to the suit submit that, the Plaintiff shall retain the original parent documents of the suit property and further undertakes

that the Plaintiff and his heirs/successors shall produce the documents for inspection, at the request of the Second & Third Defendant

/ their heirs/ their successors.

In the event of the Plaintiff or his heirs at any point of time, while the defendants continue to be the absolute owners of the entire

extent allotted to them, desire to sell the property allotted to the plaintiff, the plaintiff shall handover the original title deeds to the

Schedule A mentioned property to the Defendants or their legal heirs.

The Plaintiff and the second & third defendant shall register the Decree to be passed by this Hon''ble Court in the above suit

before the Sub Registrar of Periamet and the expenses to be incurred equally by the parties to the suit. The parties to bear the court

fees equally.

The Plaintiff and the second & third defendants therefore pray that this Hon''ble Court may be pleased to record this Joint Memo

of Compromise in the above C.S and pass final decree and judgment in terms of the joint memo of compromise in the above suit and

thus render justice.

Schedule A

All that piece and parcel of the house and ground bearing Plot No:1A, Door No:459, New Door No:40, previously Door No:20,

Door No:42 as per corporation assessment, Hadley (Part) Garden Road, Kilpauk, Chennai 600010, of lay out No:126/71, and

comprised in R.S.No:77/2 Part, Egmore Village, Egmore Nungambakkam Taluk, and bounded

On the North by : Plot No:1B

On the South by : Kilpauk Garden Road,

On the East by : Common passage, and

On the West by : ESI Staff Colony and

Measuring

North to South on the East:78 Ft. 1inch

85 Ft.

On the West :

East to West on the North: 67 Ft. 6 inches

and

On the South : 68 Ft. 4.5 inches

In all measuring 5521 Sq.Ft., or thereabouts together with the common passage for ingress and egress of the occupants in Plot

Nos:1A, 1B, 2A and 2B measuring East to West 8 Ft and North to South 78 Ft. 1 inch in all 624 Sq.Ft. on the eastern side of Plot

No:1A and situate within the Registration District of North Chennai and Registration Sub District Periamet.

Schedule B

All that piece and parcel of the house and ground bearing Plot No:1A(Part), Door No:459(Part), New Door No:42, previously Door

No:20, Hadley (Part) Garden Road, Kilpauk, Chennai 600010, being the Eastern portion of the Schedule A mentioned property,

and comprised in R.S.No:77/2 Part, Egmore Village, Egmore Nungambakkam Taluk, and bounded

On the North by : Plot No:1B

On the South by : Kilpauk Garden Road,

On the East by : Common passage, and

On the West by : Schedule C mentioned

property and

Measuring

North to South on the East:78 Ft. 1inch

On the West : 81 Ft. 3.5 inches

East to West on the North: 34 Ft. 3.5 inches

and

On the South : 34 Ft. 9 inches

In all measuring 2754.58 Sq.Ft., or thereabouts and marked Green in the plan annexed together with the common passage for ingress

and egress of the occupants in Plot Nos:1A, 1B, 2A and 2B measuring East to West 8 Ft and North to South 78 Ft. 1 inch in all

measuring 624 Sq.Ft. on the eastern side of Plot No:1A and coloured yellow in the plan annexed and situate within the Registration

District of North Chennai and Registration Sub District Periamet.

Schedule C

All that piece and parcel of the house and ground bearing Plot No:1A(Part), Door No:459(Part), New Door No:42, previously Door

No:20, Hadley (Part) Garden Road, Kilpauk, Chennai 600010, being the Western portion of the Schedule A mentioned property,

and comprised in R.S.No:77/2 Part, Egmore Village, Egmore Nungambakkam Taluk, and bounded

On the North by : Plot No:1B

On the South by : Kilpauk Garden Road,

On the East by : Schedule B mentioned property and

On the West by : ESI Staff Colony and

Measuring

North to South on the East:81 Ft. 3.5 inchs

On the West : 85 Ft.

East to West on the North: 33 Ft. 3 inches and

On the South : 33 Ft. 705 inches

In all measuring 2766.40 Sq.Ft., or thereabouts and marked Blue in the plan annexed and situate within the Registration District of

North Chennai and Registration Sub District Periamet.

The Joint Memo of Compromise including the sketch is recorded. Taking the same on file, the suit is decreed in terms of the said Memo of

Compromise. The Joint Memo of Compromise including sketch shall form part of the decree. No costs. Consequently, connected miscellaneous

application is closed.