V G SHANMUGA MUDALIAR Vs. KAVERI AMMAL

JUDGEMENT

(1.) The plaintiff, a minor, impeaches and seeks to set aside a consent decree passed in O.S. No. 571 of 1922, a suit filed in this Court, by his mother Murugammal against her mother-in- law. Thayarammal. The following pedigree may serve to explain some facts:

(2.) I have given some material dates in the above table. Sabapathi is said to have left some considerable property worth between Rs. 50,000 and a lakh. The family lived in harmony till the death of Gangadhara. On his death, disputes arose between Murugammal and Thayarammal, the former claiming that the entire property in the possession of the family belonged to her husband at his death; the latter asserting that it was her stridhanam property over which she had absolute control. Thereupon, Murugammal filed the suit above mentioned, C.S. 571 of 1922, which, after a partial trial by Mr. Justice Kumaraswami Sastriar, ended in the consent decree now impeached. Shortly after the consent decree, Murugammal adopted the plaintiff and died. About the same time Thayarammal also died, having previously made a will appointing defendant 1 executrix.

(3.) It may be convenient to mention at the very outset the undisputed facts (disclosed by the minutes book of the Court) which are connected with and led up to the compromise. The hearing of the previous case commenced on 24 February 1925. Messrs Grant and Greatorex appeared for Murugammal, the plaintiff, and Mr. V. C. Gopalaratnam for the defendant Thayarammal. The case was passed over as the parties represented that they were trying to settle it. No settlement was made and the hearing was resumed. Messrs K.S. Krishnaswami Ayyangar and Narayana Ayyangar were the counsel instructed by Messrs. Grant and Greatorex. Several documents were filed for Murugammal including title-deeds, account books and cancelled promissory notes, and, on her behalf, her brother, Subramania Mudaliar, was examined as a witness. The case stood part heard at the end of the day and was posted to the 26 February. On that date, when the case was taken up, the parties again requested that it might be passed over, so that they might settle it. This was done and the case was called later in the day. At the joint request of the parties, the case was once again adjourned to enable them to bring in a compromise and there was a direction that it should be posted before the same learned Judge. The case next came on about two months later, that is, on 24 April 1925. On that day, the parties were represented as before and terms of the consent decree were dictated in Court by Mr. K.S. Krishnaswami Ayyangar to the shorthand clerk. The property was to be taken in two equal halves by Murugammal and Thayarammal and a clause was inserted as to what was to happen if there was disagreement in regard to the actual division. The amount to be paid as costs and from what fund the sum was to be paid-these matters-also were settled. After a period of about eight months the case was again posted for orders. Certain details were then settled as regards specific items to be taken by each of the claimants. On 12 February 1926, the case was finally disposed of, the learned Judge directing that a decree was to issue in the terms settled. It will thus be seen that the parties took about a full year to consider and discuss the terms of the compromise and to finally arrive at a settlement. It may be interesting to note that the very man that advised Murugammal in the previous suit, her brother Subramania Mudaliar, is now actively busy in assisting the plaintiff in the present suit. I may also mention another fact which is not devoid of interest, that the legal gentlemen that appeared in the previous case have been engaged also in the present and continue to represent the same interests.