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1939 (8) TMI 32

grandson for possession of a house known as No. 9, Dewan Ramiengar Road, Vepery, Madras. She claimed that the house was her absolute property. The defence was that the house was built in part by monies belonging to the defendants and that they had an interest in it. During the pendency of the suit the husband died and subsequently the parties agreed to a compromise decree being passed. The agreeme .....

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. Holding that there was no such condition and that the suit had been compromised on the terms set out in the document filed in Court, Wadsworth, J., passed a decree in accordance with the agreement. The appellant asks that the compromise decree be set aside for the reason she advanced before the/learned Judge. 2. It is conceded by the appellant's learned advocate, that on the evidence as it s .....

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he way. 3. The document must be read as a whole and in the light of the surrounding circumstances and when this is done it is manifest that it does not fall within the purview of Section 17(1)(b). As I have indicated, there were other disputes besides the dispute which led to the filing of the suit. These disputes related inter alia to two other houses and the parties met to settle all their diffe .....

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declared in a decree of the Court. Clause (k) leaves no other conclusion open. A memorandum of agreement, which this document is, requires registration if the parties intend it to be a declaration of rights and it is so worded, but a memorandum drawn up for the purpose of obtaining another document to declare rights - in this case the decree - does not require registration. Section 17(2)(b) of the .....

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