P. ANANDAVALLI AMMAL Vs. LAKSHMIKANTHAM

JUDGEMENT

(1.) This Second Appeal has been directed against the judgment and decree dated 29.04.2013 made in A.S.No.31 of 2012 on the file of the Principal District Judge, Villupuram District, Villupuram, confirming the judgment and decree dated 28.06.2012 in O.S.No.113 of 2007 on the file of the Principal Subordinate, Tindivanam.

(2.) The appellant herein is the defendant and the respondent is the plaintiff. The parties are described as per their litigative status in the suit proceedings.

(3.) When this Appeal is taken up for hearing, Shri K.Doraisamy, learned Senior Counsel appearing for the appellant as well as Mr.S.Sethuraman, learned counsel appearing for the respondent would submit that the parties have reached a compromise and the terms of compromise have also been reduced to writing. According to the defendant, the suit schedule property was purchased by way of a registered sale deed dated 29.08.2000 from one Rajeswari, who acquired title to the suit property under two Wills, dated 22.02.1995 and 09.03.1995 which were executed by one Arumuga Mudaliar and his wife Visalakshi Ammal, who were the grand parents of the said Rajeswari. After the Will had come into operation, the suit property was sold to the defendant. After seven years from the date of purchase by the defendant, one A.Lakshmikantham, who is the daughter of Arumuga Mudaliar and Visalakshi Ammal filed a suit in O.S.No.113 of 2007 for declaration and consequential injunction before the Sub Court, Tindivanam. By judgment and decree dated 28.06.2012, the said suit in O.S.No.113 of 2007 was decreed in favour of the plaintiff. As against that, an appeal in A.S.No.31 of 2012 was preferred by the defendant before the learned Principal District Judge, Villupram. By judgment and decree dated 29.04.2013, the said appeal came to be dismissed. As against the dismissal of the appeal, the present Second Appeal has been preferred by the defendant.