M. Sundararaman v. Inspector General Of Registration
2019-02-25
A.M.KHANWILKAR, AJAY RASTOGI
body2019
DigiLaw.ai
ORDER 1. Leave granted. 2. Heard learned counsel for the parties. 3. Our attention has been invited to Compromise Agreement dated 01.10.2018. The said compromise agreement is reproduced hereunder : COMPROMISE AGREEMENT This the 1st day of month October, 2018 corresponding to 15th day of month Puratasi, year 1194 Mr. M Sundararaman, son of Late S. Muthaiah, resident of Thottatthu Veedu, Alanganallur Village, Vadipatti Taluk, Madurai District, through his power agent under the general power of attorney deed No. 2088 dated 26.05.2016 executed in favour of Mr. R. Sivamurthy, son of S. Raman, residing at No. 15, 2nd Main Street, Swarup, Duraisamy Nagar, Madurai-16 who being his capacity as power agent is competent to conduct case in respect of the properties described hereunder is as 1st PARTY M. Rajesh @ Rajagopal, son of G. Mohan, resident of Door No. 176. Harvipatty 3rd Street, Thiruparankuntram Taluk, Madurai District, and A. Chellapandiyan, son of Ayyau, resident of Door No. 4/88, Kayampatty Village, Madurai East Taluk, Madurai District is called the 2nd PARTY, both parties herein execute this compromise agreement in respect of the properties bearing Patta No. 1626 and 2106, situated in Alanganallur Village, Vadipatty Village as follows: Whereas the properties described hereunder was originally belonged to Algarsamy Naidu. The properties obtained through his will were divided among his legal heirs and G. Mohan who got property through patta No. 961 settled his share in favour of his 1 year old minor son namely M. Rajesh @ Rajagopal under a registered settlement deeds dated 07.10.1986 stood registered as document No. 1593/1986 and 1626/1986. Thereafter the settlement executed as above were cancelled on 05.05.1993 voluntarily by him in registered deed Nos. 654/1993 and 655/1993 and on the same day itself on 05.05.1993 under the registered sale deed No. 657/1993 and 658/1993 the properties described hereunder were sold to M. Sundararaman by the Mohan. Under these circumstances, the Mohan passed away on 11.10.1995. The M. Sundararaman got patta Nos. 1626 and 2106 for the properties described hereunder in the year 2006 and 2007. M. Rajesh @ Rajagoplan had attempted to execute sale of these properties on 30.03.2012 and registration of such sale agreement was kept pending. Whereas the M. Sundararaman, in respect of the properties described hereunder appointed Mr.
The M. Sundararaman got patta Nos. 1626 and 2106 for the properties described hereunder in the year 2006 and 2007. M. Rajesh @ Rajagoplan had attempted to execute sale of these properties on 30.03.2012 and registration of such sale agreement was kept pending. Whereas the M. Sundararaman, in respect of the properties described hereunder appointed Mr. R. Sivamurthi, son of S. Raman as his power agent on 26.05.2015 under a deed of general power of attorney on account of his old age. Whereas the following cases are pending between the parties in respect of the properties described hereunder. 1. W.P.(MD)No. 9776 of 2017 filed by the Sundararaman is pending before the High Court Madurai Bench. 2. W.A.(MD)No. 156 of 2016 in Review Appl.No. filed by the Sundararaman is pending before the High Court Madurai Bench. 3. O.S.No.103 of 2016 filed by the 2nd parties herein namely M. Rajesh @ Rajagopal and A. Chellapandiyan is pending on the file of District Munsif Court, Vadipatty. 4. SLP No. 16462 of 2017 filed by the M. Sundararaman against the judgment passed in W.A.(MD)No. 156 of 2016 filed by the M. Rajesh @ Rajagopal and A Chellapandian, is pending before the Hon'ble Supreme Court. Whereas with a view to settle pending cases and to settle such disputes with regard to the mutation of title qua the properties described hereunder, and to solve the issues, the compromise was reached between themselves and pursuant to it, this compromise agreement is executed. 1. Either the second party or their heirs shall hereby give up all their legal rights over the properties described hereunder and agreed to consideration of a sum of Rs. 5,00,000 (Rupees Five Lakh only) payable by the 1st party to M. Rajesh @ Rajagopal son of G. Mohan and A Chellapandiyan son of Ayyau. 2. It is further mutually agreed between the first party and the second party that both parties shall cooperate to settle all cases filed either by the 1st party or by the 2nd party or by the M. Sundararaman/ his predecessor amicably and peacefully. 3.
2. It is further mutually agreed between the first party and the second party that both parties shall cooperate to settle all cases filed either by the 1st party or by the 2nd party or by the M. Sundararaman/ his predecessor amicably and peacefully. 3. A per this settlement, both parties have mutually agreed and signed this compromise agreement on this day in the presence of witnesses hereunder that both parties shall withdraw all pending cases unconditionally and the 1st party shall keep the original thereof and the 2nd party shall keep the copy thereof, thus it is agreed and decided in the negotiation held in the presence of the elders. DESCRIPTION OF PROPERTY That the properties bearing survey No. 1626 and 2106 situated in Alanganallur village stands registered in the office of Sub- Registrar, Alanganallur, Vadipatti Taluk, Madurai Registration District, Madurai are Sl.No. Survey Number Extent 1. 312/5B 0.06 2. 312/6 0.22 3. 312/7B 0.08 4. 312/8B 0.33 5. 312/9B 0.43 6. 312/12A2 0.04 7. 312/12B2 0.01 8. 312/13 0.09 9. 312/14A 0.05 10. 312/14B 0.04 11. 347/10 0.64 Sd/- Sd/- 1st Party 2nd Party Photo(self attested) Photos(self attested) Witnesses: 1. J. Arun, S/o. Jayaramansingh, 3/37-1, Mangottapuram, Sivakalai Post, Thiruvaikundam (T.K.) 2.Sd/- Hon'ble High Court Pandiyan, S/o. Selvaraj, 51,Colony II, Chekku Street, Sattankulam, Chidambaranar District. Duly attested and signed by Notary Public Mr. M. Karthikeyan, Advocate & Notary, Central Government, Govt. of India, 87, Law Chambers, High Court, Madurai-625 003" 4. Parties undertake to abide by their respective obligations under the said agreement. The oral undertaking given through counsel appearing for the respective party is accepted. 5. The appeal is disposed of in terms of compromise agreement. No costs. 6. In view of the disposal of appeal, all IAs disposed of.