High Courts(1913) 09 MAD CK 0006

Sellappa Koundan vs Gurumoorti alias Kali Goundan Peria Goundan

Madras High Court · Decided on 11 September 1913 · Citation: (1914) 27 MLJ 396

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 264 words
1.

The compromise is in our opinion admissible in evidence under the decision of the Privy Council in Bindesri Naik v. Ganga Saran Sahu ILR

(1897) A. 171. In that case their Lordships decided that petitions by the creditor accepted as correct by the debtor and presented to the Courts

would have been admissible without registration in proof of a variation of a registered contract. These documents were described by their

Lordships as pleadings filed by the parties and the ''compromise petition in the present case occupies a corresponding position. In Natesa Chetty

v. Vengu Nachiar ILR (1809) M. 102. to which one of us was a party and with which we both agree, this view was taken of the decision in

Bindesri Naik v. Ganga Saran Sahu ILR (1897) A. 171, and we do not find that it has been expressly dissented from in Chellamma v. Rama Rao

ILR (1911) M. 46, though in that case the learned Judges seem to put a different interpretation on the language of the Privy Council. Taking this

view, it follows that, if the compromise, properly construed, evidences an actually effected release by the 3rd defendant of his rights in the family

property, it is admissible in evidence and if, as is argued, it evidences only an agreement to give a release, then also it does not require registration.

2.

We reverse the decree of the ""District Judge and remand the case to him; he will receive the document Exhibit A 3 in evidence and dispose of

the appeal according to law. Costs will abide the event.