KRISHNAN NAIR Vs. RAYARAPPAN NAIR

JUDGEMENT

(1.) O.S. No. 2 of 1950 of the Court of the Subordinate Judge of Tellicherry from which A. S. No. 1152 of 1953 (M) arises was a suit for partition of the plaint B and C Schedule properties into four equal shares among the three plaintiffs and the 1st defendant and for the recovery of possession of the three shares of the three plaintiffs with future mesne profits and costs. The lower court gave a preliminary decree for partition on the lines indicated in the judgment with future mesne profits at a rate to be decided at the time of the final decree and directed the costs to come out of the estate. From the said decision defendants 1 & 2 appealed to the High Court of Madras, impleading the three plaintiffs and defendants 3 to 7 as the respondents in the appeal.

(2.) On the 28th September 1956 the appellants filed C.M.P. No. 9037 of 1956 (M) before the High Court of Madras and prayed that the court:

(3.) The 3rd respondent (3rd plaintiff) has raised objections to the recording of the compromise in pursuance of C. M. P. No. 9037 of 1956 (M). According to him he signed the partition deed, Ext A, as the result of a fraud practised upon him by the 1st appellant (1st defendant) and respondents 1 and 2 (plaintiffs 1 and 2). In his affidavit filed in this court on 18-12-1957 he says: