LAWS(MAD)-2013-2-119

K.M.RAMANATHAN Vs. RENGASAMY

Decided On February 01, 2013
K.M.Ramanathan Appellant
V/S
RENGASAMY Respondents

JUDGEMENT

(1.) Whether in the absence of an agreement in writing, signed by all the parties, compromise of a Suit can be effected, leading to a compromise decree, is the core issue that arises for consideration in these two Review Applications.

(2.) The learned Subordinate Judge, rejected the case of the Second Respondent. The Trial Court opined that the Release Deed dated 16th February 1972 was genuine and it was acted upon. Accordingly, by accepting the genuineness of the Release Deed, marked as Ex. A1, the Suit was dismissed.

(3.) The Judgment and Decree in O.S. No. 765 of 1981 was taken up before this Court in A.S. No. 753 of 1984. The learned Single Judge ultimately set aside the Judgment and Decree passed by the Lower Court and a direction was issued to the Trial Court to pass a final decree in terms of the judgment.