MATHEW VARGHESE Vs. LISSY JOSE

JUDGEMENT

(1.) Accepting the Commissioner's report Exts. P7 and P10, the court below passed Ext. P17 order, whereby the objection filed by the petitioner herein to set aside the Supplementary Commission report was rejected.

(2.) Sad to say, the suit is of the year 1986. We are in 2014 and the parties to the suit are not yet reached any solution. The parties are closely related to each other.

(3.) The suit properties having a total extent of 3.85 Acres are comprised in old Survey No. 624/1 of Vallichira village. It originally belonged to Pothen and his wife Rosa. Out of the 3.85 Acres of land, 1 acre 12 cents lying on the northern side of the entire property, extending east-west, was given to Thomas. An extent of 73 cents lying on the southern side of the entire property was given to Varkey and Abraham. Out of the said 73 cents, 31 cents on the western side was allotted to Varkey and 42 cents on the eastern side was given to Abraham. The balance property which occupied the middle portion was set apart for the purpose of welfare of the daughter Annamma. Copy of the partition deed is produced as Ext. P1. Later, a settlement deed was entered into between the parties, which is produced as Ext. P2. By the settlement deed, Pothen settled the 2 Acres among Varkey, Annamma and Abraham. 66 cents on the western side was given to Varkey, 67 cents lying immediately on the eastern side of the above 66 cents and the house therein was given to Annamma. The remaining 67 cents lying on the eastern side was given to Abraham. The suit was filed claiming an extent of 35 cents of property from Annamma and that the defendants refused to fix the boundaries. The defendants set up a counter claim in respect of the 42 cents of property. Suffice to say that, ultimately, the parties entered into a compromise, which is evidenced by Ext. P4, which reads as follows: