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Compromise in terms of solenama"s validity.

(Querist) 13 March 2015 This query is : Resolved 
A title suit was file by Ramchandra against Shyam & Hari in the year 1968 claiming the whole property whcih was recorded in the RSROR in favour of Shyam & Hari, after one year in 1969 the three brothers came to a mutual understanding and prepare a solenama to resolve the case. On both parties request court pass an order that :-
The suit be decreed in part of compromise in terms of Solenama, which so form part of decree. Property was divided 50;50 each side.
Now after 47 years the sons of Ramchandra file a Title suit against the sons of Shyam & Hari Claiming whole property of RSROR denying the compromise solenama.
My question is that can the successor deny the compromise Solenama made by his predecessor.
with regards
somen mitra
Kappil Cchandna (Expert) 13 March 2015
Dear,

On what ground he is challenging it ? Who were the witnesses to the compromise ? Was the son born by that time when the compromise deed was prepared ?

Regards
Kapil Chandna Adv 9899011450
Devajyoti Barman (Expert) 14 March 2015
If copy of solenama and/or decree on consent passed is with you you have nothing to worry.

File an application for framing of preliminary issue that the suit is barred by res judicata.
Rajendra K Goyal (Expert) 14 March 2015
After the consent decree the case is likely to be dismissed.


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