Perumal Gounder the unregistered compromise decree Ex.B2 cannot pass
title to the defendant. In the said judgement, the hon'ble Supreme Court ... adopt the
fair family arrangement formula for getting the benefit of unregistered
compromise decree, the respondent ought to have included the plaintiffs also
arrangement no question of registration of the
compromise arose and (ii) even if the compromise was
unregistered it would operate clearly as estoppel against
respondents ... compromise and, therefore, no question of registration of
the compromise in this case arose. Secondly it was contended
that even if the compromise was unregistered
that payment and
acceptance of rent made in terms. of the unregistered,
compromise petition did not give rise to a right of tenancy ... that
payment and acceptance of rent made in terms of the
unregistered compromise petition did not give rise to a
right of tenancy
dues. The
suit was resisted on the ground that the
compromise application was unregistered and the stipulation relating to the
realization of the Tahbazari dues ... with the recording of names of parties over specific properties. The unregistered compromise was
being relied upon in proof of title of J and that
Bench of two learned Judges of this Court. There, under a compromise decree, the appellant became tenant of the suit property for a period ... that the payment and acceptance of rent in terms of the unregistered compromise did not give rise to a right of tenancy. Accordingly, the suit
compromise between the parties on the 22nd August, 1941, as will appear from the compromise petition (Ext. 1). Under this compromise (Ext. 1) the land ... compromise (Ext. 1).
7. The compromise (Ext. 1), however, was attacked also on the ground that it was inadmissible in evidence, because, it was unregistered
Letters Patent Appeal and the point for consideration is, whether an unregistered compromise affecting immoveable property of the value of more than Rs. 100 filed
Court SA No.33 of 2007 dt.11-09-2012 9
unregistered compromise decree was not enforceable
and had not held that such compromise between ... Apex Court as the Apex
Court had only held unregistered compromise decree was not
enforceable and had not held that such compromise between the
parties
secured
under the compromise decree and re-claimed by the plaintiff.
IV. Finding that the plaintiff was a signatory to compromise is
affirmed
4. Since ... right in property cannot be lost oral settlement or
affirmed through unregistered compromise
(a) Invalidity of compromise to be tested not by separate
suit
Bench of two learned Judges of this Court. There, under a compromise decree, the appellant became tenant of the suit property for a period ... that the payment and acceptance of rent in terms of the unregistered compromise did not give rise to a right of tenancy. Accordingly, the suit
