K. VENKATA SESHIAH versus KANDURU RAMASUBBAMMA (DEAD) BY LRS.

K. VENKATA SESHIAH versus KANDURU RAMASUBBAMMA (DEAD) BY LRS.

A genuine and lawful compromise must be accepted and acted upon by court; pendente lite sale deeds executed by respondent after relinquishment in compromise are invalid; alienees have no right under the sale deeds and must deliver vacant possession.

Parties
Petitioner: K. Venka Ta Seshiah; Respondent: Kanduru Ramasubbamma (dead) by LRs.; Respondent: Sudarshan Gupta; Respondent: Anand Babu; Respondent: Third Party Alienees
Jurisdiction
India
Judgment Date
19 February 1991
Procedural Posture
Civil Misc. Petition; I.a. No. 1 in S.l.p. / Disposition of Special Leave Petition and Compromise Recording
Outcome
Petition disposed of; compromise accepted.
Legal Topics
Compromise Under Order 23 Rule 3 CPC, Adoption and Inheritance, Sale Pendente Lite, Validity of Sale Deeds, Vacant Possession
Civil Procedure Property Law Compromise Under Order 23 Rule 3 CPC Adoption and Inheritance Sale Pendente Lite Validity of Sale Deeds Vacant Possession

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Parties

K. Venka Ta Seshiah

Petitioner

Kanduru Ramasubbamma (dead) by LRs.

Respondent

Sudarshan Gupta

Respondent

Anand Babu

Respondent

Third Party Alienees

Respondent

Procedural Posture

Civil Misc. Petition; I.a. No. 1 in S.l.p. / Disposition of Special Leave Petition and Compromise Recording

Legal Issues

  1. 1 Whether the compromise petition is valid and should be acted upon
  2. 2 Whether the sale of property pendente lite by respondent is valid
  3. 3 Rights of alienees under sale deeds

Ratio Decidendi

A genuine and lawful compromise must be accepted and acted upon by court; pendente lite sale deeds executed by respondent after relinquishment in compromise are invalid; alienees have no right under the sale deeds and must deliver vacant possession.

Court Disposition

Petition disposed of; compromise accepted.

Orders

  • Compromise petition accepted and terms made part of order.
  • Appellant Seshiah to pay Rs.1 lakh more to Sudarshan Gupta within eight weeks; deposit in Supreme Court Registry.