LAWS(MAD)-1954-8-29

RAMANATHAN CHETTIAR Vs. VEERAPPA CHETTIAR AND OTHERS

Decided On August 12, 1954
RAMANATHAN CHETTIAR Appellant
V/S
Veerappa Chettiar And Others Respondents

JUDGEMENT

(1.) O.S. No. 97 of 1952 on the file of the Court of the Subordinate Judge of Devakottai is a suit. For partition filed by one AL. VR. ST. Ramanathan Chettiar claiming a 1/3rd share in all the assets of the joint family of which he was a member and pending that suit I.A. No. 34 of 1954 was tiled on 6-1-1954 under Order 23, Rule 3 C.P.C. to record an, adjustment and to compromise the suit, and a document dated 20-11-1952 containing the terms of the agreement was filed along with it.

(2.) The present civil miscellaneous appeal is by the plaintiff against the dismissal praying that a decree in terms of the compromise in accordance with the document dated 20-11-1952 may be passed. It is worthy of note that though the document of adjustment is dated 20-11-1952, an application for passing a decree in terms thereof was filed only on 6-1-1954 and on that ground it is contended by the contesting respondents that the document was not intended to take effect though it was signed by some persons under a misapprehension.

(3.) The following genealogical tree reveals the relationship of the parties to the litigation :