RENGASAMY Vs. SUBRAMANI

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 27.02.2012 passed by the Additional District Court (Fast Track Court), Dindigul, in A.S.No.40 of 2009, reversing the judgment and decree passed by the Sub Court, Palani, in O.S.No.212 of 2008 dated 05.10.2009.

(2.) The appellant filed the suit for specific performance of an agreement of sale deed dated 17.09.2007. Though the suit was decreed by the trial Court, the judgment and decree of the trial Court was reversed and the suit was dismissed in A.S.No.40 of 2009 by the lower appellate Court.

(3.) It is represented by the learned Counsel on both sides that the parties, namely, the appellant and the respondent in this appeal have settled the matter amicably and a memo of compromise signed by both the parties in the presence of their respective Counsel in this appeal has been filed. In the joint compromise memo dated 22.03.2018, it is stated that the respondent had agreed to pay a sum of Rs.2,80,000/- to give up the entire claim in O.S.No.212 of 2008 on the basis of the sale agreement dated 17.09.2007. The appellant has also acknowledged receipt of the sum of Rs.2,80,000/-, by way of Demand Draft drawn in favour of appellant.