ANNASAMY ASARI Vs. SIVA PRAKASA MOOPPANAR

JUDGEMENT

(1.) THIS Second Appeal by the plaintiff is against the reversing judgment in A.S. No. 10/1981 by which O.S. No. 164/78 filed by the appellants for redemption of othis has been dismissed on the ground that the plaintiffs have not proved their title to the suit property. According to the plaintiffs, one Sankaran Achari became the owner of the suit property pursuant to the decree dated, 9.1.1940 in O.S. No. 245 of 1936 on the file of District Munsif Court, Srivilliputhur pursuant to the compromise memo filed by the parties therein. Further, according to the plaintiffs, the said Sankaran Achari, sold the property under Sale Deed dated 23.2.1951 to the plaintiffs' father Narayana Achari and subsequently the plaintiffs' father executed a registered will dated 21.3.1973 in favour of the plaintiffs. But in the Court below, the plaintiffs appellant did not file the abovesaid three documents, though out of the abovesaid three documents, two were listed as documents to be filed, as found in the plaint. Those two documents are the abovesaid sale deed and the registered will.

(2.) NOW, in this Second Appeal, soon after filing the Second Appeal, CMP. No. 8952 of 1983 has been filed for reception of the abovesaid decree, dismissing O.S. No. 245 of 36 pursuant to the abovesaid compromise and the abovesaid sale deed dated 23.2.1951 as additional evidence. To the said CMP. no counter has been filed. The relevant averments in the supporting affidavit to the said C.M.P. are as follows:?

(3.) FURTHER, it is stated in the abovesaid written submission of the learned counsel for the respondent that the abovesaid compromise decree does not bring into being any new title. This submission also cannot be accepted. The compromise does create a new right in favour of Sankaran Asari if payment was not made to Sankaran Asari within the time allowed under the compromise. In the above circumstances, both the abovesaid decisions do apply to the present case and in view of the non-registration of the abovesaid memo of compromise Sankaran-Asari, did not get any title to the suit property pursuant to Ex. A7 and consequently the plaintiffs also do not get any title.