Based on compromise, final decree was passed straightaway – hence, question of paying court fees by Defendants does not arise-Compromise decree doesn't require registration

Title and Possession – Appellate Judge had dismissed both appeals and confirmed judgment and decree passed by Trial Court in favour of Plaintiff,for title and possession of suit property, but set aside findings of Trial Court that suit property belonged to Plaintiff – Feeling aggrieved, Defendant Nos.2 and 3 filed second appeal

Court held –both parties entered compromise and based on said compromise, final decree was passed straightaway – hence, question of paying court fees by Defendants does not arise – findings of Appellate Court that since Defendants had not paid Court fees, right or title notpassed on them through said compromise decree, cannot be accepted – Appeals dismissed.

(Para 28)

Cases Referred:
Bachan Singh v. Kartar Singh and others, 2002 (3) R.C.R. (Civil) 495 = 2001 (10) JT 64
Kale v. Deputy Director of Consolidation and others AIR 1976 SC 807.
Danamma @ Suman Surpur and another v. Amar and others
S.V. Muthu and others v. Veerammal and others (1981) I MLJ 502

Comparative Citation:
2019 (1) LW 246,

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