P S S SOMASUNDARAM CHETTIAR Vs. R SATHAPPAN

JUDGEMENT

(1.) These applications, have come by way of reference made by the learned single Judge, Singaravelu, J., under the following circumstances.

(2.) The first plaintiff, one Sathappan, the quandom minor represented by his mother Meenakshi Achi as next friend, filed C.S. No. 188 of 1972 on the file of this Court for partition and separate possession of his half share, for a declaration that the alienations made by the first defendant, who is the father of the first plaintiff, are void and not binding on the first plaintiff and for certain other consequentional reliefs as against 72 defendants. Large items of properties described in eight schedules are the subject matter of the suit. Pending suit, the quandom minor first plaintiff attained majority. The father, first defendant, filed Application No. 4390 of 1982 in Nov., 1982 for passing a decree in terms of the compromise dated 30-8-1981. It was state in the affidavit in support of that application that the first defendant had executed a partial partition deed of his own volition in 1972 in which he had settled all valuable immovable properties in favour of the first plaintiff, that since the plaintiffs instituted the suit in spite of the said fact, he had to revoke the partial partition on 9-6-1976, that the plaintiffs filed an application in 1978 praying that a decree might be passed in terms of the partial declaration deed dated 15-3-1971 suppressing the revocation dated 9-6-1976, and that at the instance of the important members of the Nagarathar community, who were interested in the welfare of the family, negotiations went on between the parties at Madras in June, July and Aug., 1981, by which the terms of the agreement were finalised and the impugned agreement was signed by the plaintiffs, first plaintiff's wife and the first defendant on 30-8-1981.

(3.) The first plaintiff filed a counter saying that the said compromise is vitiated by fraud, undue influence and misrepresentation and suppression of facts, that it is not a lawful agreement of compromise and that the Court should not record the compromise. Along with the counter, the first plaintiff also filed Application No. 118 of 1983 seeking directions to the first defendant father for submitting himself for cross examination with reference to the affidavit filed in support of the main Application No. 4390 of 1982, if the first defendant did not choose to examine himself as a witness.