NAVU GOUNDER Vs. GOVINDASAMY GOUNDER

JUDGEMENT

(1.) NAVU Gounder, the plaintiff, is the appellant herein. Having lost in both the courts below, the plaintiff has presented this second appeal challenging the judgment and decree dated 9.12.1998 made in A.S.No.17 of 1997 on the file of the Additional District Judge, Villupuram confirming the judgment and degree in the O.S.No.969 of 1985 on the file of the District Munsif, Thirukoilur.

(2.) THE short question that falls for consideration is as to whether the compromise degree under which the second respondent chains right regarding his half share in the suit property in the absence of registration under the Registration Act would confer any right on the second respondent for the sale of the said suit propertye

(3.) ADMITTEDLY, the suit property in the present suit was one of the suit properties mentioned in the earlier suit. It is true that there is no appeal by the second respondent against the decree rejecting the alternative prayer for partition in respect of both the items. But, the fact remains that the compromise decree was passed in A.S.No.636 of 1973 on the file of the Sub Court, Cuddalore, in respect of both the suit properties, namely, the subject matter of the original suit.