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Whether the compromise decree dated 16.08.1976 is fraud and collusive and was intended/designed to overcome the provisions of the Urban Land Ceiling Act in so far the suit property is concerned. = The basis of the suit (O.S. No.397/1976) filed by the defendant Nos.1 & 2 is the division of property made in the year 1962 and the will dated 18.05.1976. Though some amount of haste may be disclosed by the facts surrounding the passing of the compromise decree dated 16.08.1976, as already noted, the said decree had been acknowledged by the father in Exhibit D-1 i.e. sale deed by which a part of the Schedule ‘C’ property was sold by him. The father of the parties died in the year 1991 and for a period of 15 years after the compromise decree and the execution of the sale deed he had not raised any question with regard to the authenticity or genuineness of what is stated in the will and the compromise decree. In these circumstances, the compromise decree dated 16.08.1976 must pass the test of acceptability. there were four buildings standing on the land in question which fact alone would throw considerable doubt with regard to the applicability of the Urban Land Ceiling Act to the suit land.=2014- OCt. Part – CIVIL APPEAL NO. 6197 OF 2010 LALITHA THERESA SEQUERIA (SINCE DIED) BY L.RS. … APPELLANT (S) VERSUS DOLFY A PIAS @ ADOLPHYS JOSEPH PAIS & ANR. … RESPONDENT (S)
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6197 OF 2010 LALITHA THERESA SEQUERIA (SINCE DIED) BY L.RS. … APPELLANT (S) VERSUS DOLFY A PIAS @ ADOLPHYS JOSEPH PAIS & ANR. … RESPONDENT (S) J U D G M E N T RANJAN GOGOI, J. 1. The substituted appellants (hereinafter … Continue reading
