MOKKAPTI NAGESWARA SASTRY Vs. N L NARASIMHA RAO

JUDGEMENT

(1.) These two revisions raise questions under Order 20, Rule 18, C.P.C. and particularly in relation to compromise decree in partition suits.

(2.) The suit O.S. No. 69 of 1947 was a partition suit in which the plaintiff claimed a share in the plaint A, B. C, D schedules and for partition of the properties by metes and bounds and possession, and for rendition of accounts for the prof its from Fasli 1354. The plaintiff and the 3rd defendant were sisters. The first defendant was the widowed daughter-in law of their step brother one Sastrulu. The second defeiident claimed to be the adopted son of the first defendant and claimed the property also under the will of the first defendant's husband. The adoption and the will were in dispute But ultimately a compromise decree was passed on 20-12-1949 in which the adoption was accepted and the property was agreed to be divided between the first defendant (adoptive mother) and the second defendant (the adopted son). The plaintiff and her sister, the third defendant gave up their claims.

(3.) The landed properties with which we are concerned were in three villages called Vangipuram, Bollineni- padu and Vadarlapadu. The adoptive mother was in possession of the lands in the first two villages while the adopted son was in possession of the lands in Vadarlapadu village through his property guardian.