S. Alamelu vs Srinivasan and Rajendran

M. Jaichandren, J.—The second appeal has been filed against the judgment and decree, dated 30.4.2002, made in A.S. No. 9 of 2001, on

the file of the Subordinate Court, Tiruvarur, reversing the judgment and decree, dated 22.12.2000, made in O.S. No. 94 of 2000, on the file of the

District Munsif, Nannilam.

The plaintiff, who is the appellant in the present second appeal, had filed the suit in O.S. No. 94 of 2000, on the file of the District Munsif,

Nannilam, praying for the relief of permanent injunction and for costs. The plaintiff had filed the said suit stating that the suit property belongs to her

and that she is in possession and enjoyment of the suit property. The plaintiff had filed the said suit, since the defendants were attempting to take

possession of the suit property from the plaintiff.

On the contrary, the defendants had claimed that the suit property did not belong to the plaintiff as it could not have been purchased from her

own funds since she was not having any source of income. The first defendant had purchased the suit property with his own funds and he is

cultivating in the said property. As the averments made by the plaintiff are not true and that since the plaintiff is not in possession of the suit

property, the suit is liable to be dismissed.

The trial Court, by its judgment and decree, dated 22.12.2000, had decreed the suit. In the appeal preferred by the defendants, the lower

appellate Court, by its judgment and decree, dated 30.4.2002, made in A.S. No. 9 of 2001, had reversed the judgment and decree of the trial

Court, dated 22.12.2000. Hence, the plaintiff in O.S. No. 94 of 2000, had preferred the present second appeal before this Court.

At this stage of the hearing of the second appeal, a memo of compromise, dated 26.1.2004, signed by the parties and the counsels appearing on

their behalf, has been filed before this Court requesting that the second appeal be allowed and a decree be passed in the second appeal in terms of

the said memo of compromise.

The memo of compromise, dated 26.1.2004, reads as follows:

MEMO OF COMPROMISE FILED BY THE PARTIES

At the advice of the elders the parties have settled all their disputes and pray decree may be passed in the above second appeal in the following

terms.

The respondents have no right, title or interest in the suit property forming subject matter in O.S.No. 94 of 2000 on the file of the Court of

District Munsif, Nannilam.

The respondents admit that the appellant is in possession of the property stated supra.

The respondents have no objection for allowing the above second appeal and restoring the judgment and decree of the trial Court made in

O.S.No. 94 of 2000 without costs.

Recording the above memo of compromise, dated 26.1.2004, the Second Appeal is allowed on the above terms. The above said memo of

compromise shall form part of the decree. No costs.