SIMON VENDALIN Vs. MERRYBEN

JUDGEMENT

(1.) Both these Letters Patent Appeals instituted by the original defendants under Clause 15 of the Letters Patent are directed against common judgment and decree dated 4/09/1984 rendered by the learned Single Judge in First Appeals No.654/80 & 655/80.

(2.) During the course of hearing of these Letters Patent Appeals, the parties to the appeals have arrived at consent terms. They are as under :-

(3.) The aforesaid amount shall be paid by A/c. payee cheque in the name of Babubhai V. Christian on behalf of the branches of all the three brothers, Simon Babu and the late Roman. On such payment being made to Babubhai the liability of the respondents hereinbefore provided shall stand discharged. Babubhai agrees and undertake to this Hon'ble Court that he shall pay to Simon and Roman's branch their respective shares in the amount's to be received by him hereunder. If before the appellants have paid to the respondents the full amount agreed upon hereinbefore, the respondents desire to raise moneys by transfer in any manner of the suit property or any part thereof, the appellants shall give their consent or confirmation of such transfer on condition that the transferee shall pay to Babu the consideration for transfer or such part thereof as is necessary topay to the appellants amount due to them. Simon, Kirpa and her sons Wilson and Linush shall give within 15 days hereof a power of attorney in favour of the appellant. Babu to receive payment on their behalf as aforesaid and to consent to or confirm on their behalf any transfer of the suit property as herein before provided.