- (1.) Leave granted.
(2.) Application of Section 17(2)(vi) of the Registration Act, 1908 (for short "the Act") in the facts and circumstances of this case is in question in this appeal which arises out of a judgment and order dated 31.03.2001 passed by the High Court of Andhra Pradesh at Hyderabad in L.P.A. Nos. 163 and 229 of 2000.
(3.) Appellants are neighbours. The dispute between the parties relate to a passage. Plaintiffs - Appellants claimed to have purchased 590 sq. yards of premises No. 5-4-413 to 415 at Nampally, Hyderabad from one P.N. Vijaya Lakshmi. Allegedly, another 259 sq. yards of land was also purchased by them from the said vendor. When they had been proceeding with the construction of the building, allegedly, respondents interfered. A suit bearing No. OS No. 76 of 1975 was filed claiming for a decree for perpetual injunction. The said suit ended in a compromise, the terms whereof are as under: "1. That the portion marked Green in the plan shall be exclusively enjoyed by the Defendant without any interference from the plaintiffs. The plaintiffs hereby admit that this portion of land marked Green in the plan attached with the Memo of compromise belongs to the Defendant No. 1 and his brother Sri Noman Ali son of Sri Abdul Khader, Defendant No. 2. 2. That the portion marked Red will be enjoyed by the plaintiffs exclusively without any interference with the Defendants or his agents. 3. That all other claims against Defendant in the suit are hereby withdrawn by the plaintiffs.";