SEBASTIAN, S/O.VARKEY Vs. ANTONY

JUDGEMENT

(1.) THE suit in O.S.No.43 of 2008 on the file of the court of the Munsiff of North Paravoor for recovery of possession on title was decreed in terms of the compromise. The suit was laid for recovery of possession of 4.75 cents of land allegedly belonging to the plaintiff and in the possession of the defendants. The plaintiff relinquished his rights over the plaint schedule property in lieu of receipt of Rs.90,000.00 from the defendants as per the compromise.

(2.) THE compromise decree enables the plaintiff to realise the sum of Rs.90,000.00 from the defendants and their assets with interest thereon at 12% per annum. The defendants were also entitled under the compromise decree to get a sale deed executed by the plaintiff in respect of the plaint schedule property of extent 4.75 cents. The defendants later alleged that the plaint schedule property is non-existent and that the plaintiff has at any rate no title over the same. Resultantly the sale deed if any executed by the plaintiff of the plaint schedule property to the defendants will have no validity.

(3.) THE defendants are permitted to move the court below under Order 23 Rule 3 of the Code of Civil Procedure to recall the compromise if not already done. It is open to the court below in that exercise to depute an Advocate Commissioner to verify whether the plaint schedule property is available on ground or has been assigned away or acquired for canal. The execution proceedings shall proceed further dependant on the orders passed on the applications filed by the defendants as permitted above.