ASHA AND OTHERS Vs. MADAPPA AND ANOTHER

JUDGEMENT

(1.) THE plaintiffs who are the appellants in this appeal filed a suit for partition and separate possession of their legitimate share in the plaint schedule property -item Nos. 1, 2 and 3, First plaintiff is the wife of Rajendra and plaintiffs 2 and 3 are the children of Rajendra, Rajendra, is the son of the first defendant Madappa. Second defendant is the mother of Rajendra, i.e., the wife of the first defendant. Defendants 3 and 4 are the daughters of the first defendant. Defendant No. 5 is the husband of the 4th defendant

(2.) IT was their ease that all the three items are joint family properties. After contest the suit of the plaintiffs was decreed only in respect of item No. 1 of the plaint schedule property declaring that the plaintiffs are entitled to 1/4th share therein. Item No. 2 of the plaint schedule property was declared to be the self acquisition of the third defendant, whereas item No. 3 is declared as the self acquisition of the fifth defendant. Therefore, suit in respect of those two items were dismissed. Aggrieved by the same the plaintiffs are in appeal.

(3.) WE have gone through the compromise petition. Under the terms of the compromise petition, defendants 3 and 4 have relinquished their right in respect of item No. 1 of the schedule property in favour of the plaintiffs. Similarly, the first defendant also has relinquished his right in item No. 1 of the schedule property in favour of appellants 1 to 3 on payment of Rs. 6,00,000/ - as consideration. Rs. 6,00,000/ - in cash is paid by the plaintiffs before us in Court to the hands of the first defendant in the presence of the witnesses and parties who are present before the Court. The notes are counted and he acknowledges receipt of Rs. 6.00,000/ - in cash before us. In turn the plaintiffs have given up their right to item Nos. 2 and 3 of the plaint schedule property which is held to be the self acquisition of defendant Nos. 3 and 5 by the learned trial Judge. The terms of the compromise are lawful. Therefore, we accept the compromise and we hold that the compromise is duly admitted and executed by the parties. Accordingly, the appeal is allowed in terms of the compromise petition. All the parties are directed to affix their signatures to the order sheet.