MOHAMED MASTHAN Vs. SOCIETY CONGREGATION BROS S HEART

JUDGEMENT

(1.) Leave granted.

(2.) The properties in question are said to be belonging to the Society of Congregation of the Brothers of the Sacred Heart. Brother lawrance, who was then Superior General of the first respondent-Society (Society) transferred 8 acres and 44 cents of land to one Siluvai Rajan by a deed of sale dated 18.10. 1979. According to the Society, the said sale was illegal. After the death of the said purchaser, his wife sold the property to her sister Juliet Mary, second respondent herein by a deed of sale dated 23.7.1986. The first respondent filed a suit against the second respondent in the Court of District munsif, Tirunelveli which was marked as os No. 1220 of 1987 praying for declaration of title and possession and consequential injunction. The parties entered into a compromise in terms whereof right, title and interest of the first respondent was accepted. A compromise memo was also filed. The suit of the Society was decreed in terms thereof. A decree was prepared on the basis of the said settlement declaring that the suit property belonged to the plaintiff-Society, and granting permanent injunction restraining the second respondent herein or her agent or her men from in any way interfering with the peaceful possession and enjoyment of the Society.

(3.) After a lapse of about fourteen years from the date of passing the said decree, the second respondent filed a suit against the society for a declaration that the aforementioned consent decree passed in OS No. 1220 of 1987 was null and void. According to her, she did not appear in the said suit nor put her signature on the memo of settlement. She was allegedly even not aware of the institution of the said suit. The said suit admittedly is still pending.