RANGANATHAN Vs. KALIAMMAL

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 29. 04. 1993 passed by the learned Subordinate Judge, Namakkal, in O. S. No. 274 of 1988. For convenience sake, the parties are referred to here under according to their litigative status before the Trial Court.

(2.) HEARD both sides.

(3.) AT the hearing, the first appellant - Sri Ranganathan and the second respondent ? Chellammal appeared and they in unison stated that they compromised the matter, whereupon, this Court directed the Deputy Registrar to record the relevant statements of those persons. Accordingly, the statement of those persons were recorded and the compromise was marked as Ex. A. 6. It transpired that Sri Ranganathan paid a sum of Rs. 2,50,000/- (Two lakhs and fifty thousand only) to Chellammal and a sum of Rs. 1,25,000/- (one lakh and twenty five thousand only) to Kaliammal. Chellammal along with Sri Ranganathn appeared and affirmed the said fact, whereas Kaliammal has not appeared. According to the learned counsel on both sides, she is ill, but received the sum of Rs. 1,25,000/- (one lakh and twenty five thousand only ). It appears that the parties voluntarily entered into the said compromise and as per the recipients, the amount paid by Sri Ranganathan was considered sufficient and they gave up their claim for their shares in the suit properties.