RAMASWAMY Vs. PAPPATHI AMMAL

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the judgment in C.M.A. No. 8 of 1983, confirming the order in E.A. No. 51 of 1981.

(2.) THE short facts are: O.S. No. 292 of 1958 was filed against the revision petitioner, the respondent and Govindammal for mesne profits and a decree was passed for Rs. 2,612.50. Subsequently, a partition suit was laid in O.S. No. 16 of 1960, in which the above three and others were parties. A compromise was entered into in the said suit, by virtue of which the decree passed in O.S. No. 292 of 1958 was assigned to Govindammal for discharge. She was also allotted some properties. THEre was also a clause in the compromise decree to the effect that in case Govindammal failed to pay that amount, the respondent has to pay the amount and recover it from the assets of Govindammal. Since Govindammal did not pay that amount, the respondent paid the same and she filed O.S. No. 379 of 1969 for the said amount and obtained a decree. While so, Govindammal died and the revision petitioner was brought on record as her legal representative and against him the decree in O.S. No. 379 of 1969 was passed. While so, the revision petitioner herein who was the 2nd defendant in O.S. No. 379 of 1969 filed E.A.O. No. 51 of 1981 under S. 16 of Act 40 of 1979 and prayed for entering full satisfaction of the decree. That was resisted by the respondent. THE trial court, as well as the lower appellate court had rejected the claim of the revision petitioner. Aggrieved by the said orders, he has come forward with this revision.

(3.) I have heard Mr. M.V. Krishnan, learned counsel appearing for the respondent on the above aspect.