MATHULLA VERGHESE Vs. VIJAYA RAJARATNAM

JUDGEMENT

(1.) THIS Notice of Motion has been taken out by the plaintiffs under Order XXIII, Rule 3 of the Civil Procedure Code, 1908 to record that the Suit No. 987 of 1996 i. e. the present suit has been settled between the plaintiffs and the defendant Nos. 3 and 4 on one hand and defendant Nos. 1 and 5 on the other hand by lawful compromise/agreement in writing and signed by the parties as corrected in the presence of the Advocates for the parties by Justice Gokhale, and as per prayer (b) to pass a decree in terms of the consent terms after recording the said agreement. This Notice of Motion was vehemently and strongly opposed by defendant No. 1 Mrs. Vijaya Rajaratnam and defendant No. 5 Juhu Triton Co-operative Housing Society Ltd. In order to appreciate the submissions made by both the Advocates and particularly by Mr. Irani for defendant No. 1, it is necessary to note the background of the Notice of Motion.

(2.) THE Suit No. 987 of 1996 i. e. the present suit is in respect of flat No. 602, 6th floor in the building known as Triton, of which defendant No. 5 is the Co-operative Housing Society, with a garage etc. This property is in occupation of defendant No. 1 and the suit was filed by the plaintiffs for removal of defendant No. 1 who was there as a rank trespasser.

(3.) ACCORDING to the plaintiffs this property originally belonged to one Kandathil Mathulla Mathen. He died on 2-3-1995 leaving behind the Will and appointing plaintiff No. 1 as sole executor, and plaintiff No. 2 is the son, defendant Nos. 3 and 4 are the daughters, defendant No. 2 is the widow, and defendant No. 1 claims to be an old-age companion of the deceased in the suit flat. There is no dispute that defendant Nos. 2, 3 and 4 are residing in London and are British Citizens. This suit was filed on 14-3-1996.