Compromise in title suit
Mohammed Sajid Khan
(Querist) 14 August 2013
This query is : Resolved
D/Sirs,
My query is still open (link provided below):
http://www.lawyersclubindia.com/experts/Compromise-in-title-suit-414906.asp
To get the attention i had to open another thread, but pls. advice on same thread.
thx and reg.
Mohammed Sajid Khan
(Querist) 14 August 2013
Compromise in title suit(Civil Law)
This query is : Open
Author : M. S. Khan
Posted 2 days ago
D/Sirs,
One Title Suit is pending in Dist. court since last 15-18 Years (tareekh pe taareekh - tareekh pe taareekh....). Now both parties have agreed to end this litagation, being a defendent, what is the best and safe way for compromise, keeping in view that in future the plaintif or his decendents should not be allowed at all for re-opening of this case or any other claim. Actually the plaintif was unnecessarily troubling these years to the defendent and now he has realised his mistakes. But the problem is that you can never trust these kind of persons.
Thx.
Expert : R.K Nanda
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Posted 2 days ago
the statements of both the parties be recorded in court so that none can back out
in future and court will then dismiss the case as compromised.
Expert : prabhakar singh
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Posted 2 days ago
Parties should by joint application pray the dispute to be referred to 'lok adalat' and should compromise in writing before the 'lok adalat' as agreed.Doing so would rest controversy forever.
Expert : R.K Nanda
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Posted 2 days ago
when case is pending in court the question of going to LA does not arise as court has full powers to pass appropriate orders for compromise.
Expert : prabhakar singh
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Posted 2 days ago
Fruits of compromise in LA appears not to be known.
Expert : Devajyoti Barman
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Posted 2 days ago
What ever you try, the compromise decree can always be challenged later on the ground of use of force and coercion.
So instead of thinking of future go for compromise by standard procedure which is by execution of compromise petition and testimony in support of that.
Author : M. S. Khan
Posted 2 days ago
many thx for replies: 2 question i may ask more in persuance of above advice.
To Singh Sir. - does Lok Adalat has any limitation in this regard, as the property is costing more than 10L.
To Barman Sir - Can LA compromise can also be challenged?
Author : M. S. Khan
Posted about 20 hours ago
any answer for above queries pls!
Devajyoti Barman
(Expert) 14 August 2013
Yes it can be challenged but success rate is very low.
R.K Nanda
(Expert) 14 August 2013
already replied and do not waste time of experts.
prabhakar singh
(Expert) 14 August 2013
There is nothing in the world to check wrong claims.No appeal to judgement of lokadalat lies was the reason of advice.
However like any agreement a compromise can also be challenged on ground that consent was obtained by fraud,or misrepresentation,
or duress,but it would not be so easy to prove.
