G SANJEEVA REDDY Vs. I LAKSHMAMMA

JUDGEMENT

(1.) Heard both sides.

(2.) This Civil Revision Petition is directed against the order of the Additional Junior Civil Judge, Kadiri dated 6-8-1999 passed in O.S. No.341 of 1987 under which, during the course of trial, the learned Junior Civil Judge rejected the objection to admission of a compromise deed entered into between the parties hi a previous suit in O.S. No.82 of 1965 dated 6-1-1968 on the ground that it is inadmissible in view of Section 17 of the Registration Act on the ground that the compromise decree comprises the property, which is not the subject matter of the suit.

(3.) The objection with regard to admissibility of this compromise decree in O.S. No.82 of 1965 was that suit was for specific performance of agreement of sale in favour of the plaintiff. The vendor is said to have already sold that property in favour of defendant No.2 in that suit. Under the compromise decree, it was provided that the purchaser from the vendor, defendant No.2, therein, shall be entitled to enjoy the property absolutely. Obviously, in view of this understanding, the suit for specific performance of the plaintiff was to be dismissed.