Compromise in title suit
Mohammed Sajid Khan
(Querist) 11 August 2013
This query is : Resolved
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.
R.K Nanda
(Expert) 11 August 2013
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.
prabhakar singh
(Expert) 11 August 2013
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.
R.K Nanda
(Expert) 11 August 2013
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.
prabhakar singh
(Expert) 11 August 2013
Fruits of compromise in LA appears not to be known.
Devajyoti Barman
(Expert) 11 August 2013
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.
Mohammed Sajid Khan
(Querist) 12 August 2013
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?
Devajyoti Barman
(Expert) 15 August 2013
I have already answered your query that compromise decree is also amenable to challenge in future.
Why are you so entrenched in future prospect? When we are not certain about future tomorrow you are are obsessed with future prospect of the case.
Mohammed Sajid Khan
(Querist) 15 August 2013
Many thx for reply, seeing the nature of plaintiff, i was bit worried but certainly not obsessed.
prabhakar singh
(Expert) 15 August 2013
Most welcome but with request that in future
do not rag experts the way you did here.
