ANTHONY RAJ Vs. JOSEPHINE SANJEEVI

JUDGEMENT

(1.) As per the orders of this court in the instant application, Mr.K.R.Ramaswamy and Mr.C.R.Narayana Rao, appointed as valuers, have inspected the property and filed their reports dated 28.8.78 and 29.8.78 respectively. Both sides have filed their objections to the said reports. The plaintiffs have now sought for a direction to the defendant to permit the plaintiffs and their Architect Mr.K.N.Srinivasan to inspect the Pilot Theatre in accordance with the directions contained in the order dated 8.2.79 passed in Application No.3671/79.

(2.) The rival submissions made by the respective counsel were heard, and the available records were perused.

(3.) As could be well seen from the plaint, the plaintiffs have filed a suit for declaration that the plaintiffs are the owners of the superstructure viz. the Cinema Theatre "Pilot Theatre" and its annexures and cinema equipments and other installations, etc. It is pertinent to note that even in the relief clause in the plaint, the plaintiffs have asked for the appointment of a Commissioner to determine the value of the properties mentioned in Schedule 'B' and 'C' annexed to the plaint in terms of the lease deed dated 20.10.1967. The said suit was contested by the defendants by a detailed written statement. Both the parties have entered into a compromise, and the said compromise was filed in the court. Pursuant to the said compromise, a compromise decree was passed by this Court on 21.12.1977. In their memo of compromise filed by the parties, they have agreed that a preliminary decree was to be passed as per the terms set out in the compromise memo. Accordingly, in terms of the memo of compromise, this court passed a compromise decree on 21.12.1977. It would be more appropriate to reproduce Clauses 1 to 5 in the decree that was passed by this court. Clauses 1 to 5 reads: