Prabha Sridevan, J. - (1.)The first respondent filed O.S.No.452 of 1986 for partition against his father Pacha Gounder who is now deceased and his mother and sisters who are the petitioners and the second respondent herein. The first defendant Pacha Gounder alone filed his written statement. In the written statement he denied the existence of the joint family. The third item suit property was stated to be his self-acquired property which he was entitled to deal with as he pleased. This written statement was filed on 2.1.1987 and adopted by the other defendants who are the petitioners and the second respondent herein. Pacha Gounder died pending suit and the plaintiff and the defendants being his legal representatives were recognized as such.
(2.)On 19/3/1991, the suit was decreed in terms of the compromise deleting item No.2 and declaring the right of the third petitioner and the first respondent to 6/15 share each in item No.1 and item No. 3 and 1/15 share each to the petitioner Nos. 1 and 2, and the third respondent. In 2002, an application was filed for setting aside the preliminary decree passed on 19.3.1991 based on the alleged compromise of the same date. The petition was dismissed and therefore, this revision has been filed.
(3.)The learned counsel for the petitioner would submit that in 1986, the first defendant settled the property on the first petitioner herein and a panchayat deed was entered into on 18.10.1987 whereby the parties had agreed to share the properties as per Ex.B-1. Sup pressing Ex.B-1, a compromise memo was filed into Court. So the decree passed in accordance with the same must be set aside since the parties to the compromise memo were not aware of the contents of the compromise memo, nothing was explained to them, and the petitioners being illiterate women put their thumb impressions on the memo without understanding the implications of the same. It was also submitted that when the counsel for the respondent, one Mr. G. Subramaniam reported no instructions to the Court on 15.3.1990, the compromise memo signed by the same Mr. G. Subramaniam cannot be acted upon. According to the learned counsel, the Court below completely ignored the fact that the compromise memo had been obtained by fraud and ought not to be relied upon.