K VENKATASESHIAH Vs. KANDURURAMASUBBAMMA

JUDGEMENT

(1.) The special leave petition under Art. 136 of the Constitution is directed against the affirming judgment of the Andhra Pradesh High Court in a suit for title and injunction.

(2.) In view of the fact that a petition of compromise in respect of the entire subject-matter of litigation has been filed in this Court it is unnecessary to refer to the facts leading to the litigation. We shall, therefore, confine the discussion to matters pertinent to the compromise.

(3.) Subbamma adopted one K. vs. Seshaiah. Seshaiah married two wives. Through the first wife he had a son born to him by name Sudarshan Guptha and through the second another son by name Anand Babu. In February, 1985, during the pendency of the special leave petition the adoptive-mother died Sudarshan and Anand Babu led claim to the entire property of Subbamma exclusively to each of them under two different wills said to be by Subbamma and each contended that the other will was a forged one. With the death of the adoptive-mother, Seshaiah led claim to the entire property as heir. While each of the parties had taken such stand in the litigation a compromise was brought about on 21-8-1987 between the father and his two sons and the same was filed in this Court. The terms of the compromise stipulated payment of Rs. 1 lakh by the father to each of his two sons in lieu of relinquishment of their interest. When the matter was listed before the Court for recording of the compromise, Sudarshan Guptha, second respondent herein, maintained that he had not been paid Rs. 1 lakh as stipulated and he had no intention to accept the compromise. The question as to recording of the compromise was taken up by the Court and parties have been heard.