VidhiSangh

Supreme Court of India · 15/07/2024

AMRO DEVI & ORS. versus JULFI RAM (DECEASED) THR. LRS. & ORS.

[2024] 7 S.C.R. 1398 · 2024 INSC 527

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Summary

Oral statements that a dispute had been settled and the suit should be dismissed did not constitute a compromise decree under Order XXIII Rule 3. Dismissal of the earlier owners’ suit did not confer ownership on the defendant tenants or defeat an earlier registered sale. The later suit claiming ownership through the supposed compromise was dismissed, restoring the trial court’s decree.

Issues

  1. Whether recorded statements seeking dismissal of a suit constituted a compromise decree transferring ownership.
  2. Whether the written-and-signed requirement under Order XXIII Rule 3 was fulfilled and Rule 3A applied.
  3. Whether lis pendens defeated the sale executed before the alleged compromise.

Provisions considered

Held

Result

Appeal allowed; High Court and first appellate judgments set aside. Trial court’s decree dismissing the subsequent suit restored.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1398.