NIMMALAPUDI SOMASEKHARA RAO Vs. YALAMARTHI RAMA LAKSHMI

JUDGEMENT

(1.) The Court delivered the following: This is a Civil Revision Petition filed challenging an order of the learned Subordinate Judge, Tadepalligudem refusing to record a compromise deed (Ex. A 1) produced by the petitioner herein under Order 23 Rule 3 of Civil Procedure Code.

(2.) In OS No: 17 of 1984 on the file of the Subordinate Judge, the respondent who is the sister of the petitioner sued her brother the petitioner for her share of her mother's property. Sister had set up mother's will dated 21-12-78 under which she is claiming to succeed to the property, although to what extent and for what extra advantage it is not clear from the record. However, her claim could not be for less than half the share in the property of the mother because to that extent she would have succeeded in any event under the general law. But the extent of the property involved in the suit is known, It is about Acs. 27.00 of fertile land of alluvion soil of the West Godavari District. There, each acre costs today not less than Rs. 50,000/-. The brother is not unexpectedly fighting every inch his sister's claim. It is not unoften that fight for property puts as under the bonds of affection The strained relations between the brother and sister must have been further embittered by the allegations traded in litigation. One of the brother's witnesses, speaking in support of Ex.A. 1 charged the sister with eloping with a lorry driver.

(3.) While this bitterly fought litigation was going on, one day the brother produced into the court the above compromise deed Ex.A.1 and filed I A 442 of 1985 under Order 23 Rule 3 of Civil Procedure Code and demanded the court to record the compromise. Ex A. 1 purports to be a compromise of the suit between the brother and the sister. Under its terms the sister had given up to'ally all her claims to the landed property in the suit in considerafion for a paltry sum of Rs. 650/- payable by the brother towards her annual maintenance limited to her life-time.