9911796707
TMI Blog1997 (1) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... the Division Bench of the Andhra Pradesh High Court in Letters Patent Appeal No. 134 of 1980. The said Letters Patent Appeal arose out of the judgment dated 23rd April, 1979 in A.S. No. 29 of 1977. The appellants before this Court are the heirs of the defendant No.4 in O.S. No.10 of 1973 filed in the Court of the learned Single Judge Parvathi Puram by the respondent M. Thandrothu Bodemma. The s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Such appeal has been allowed by the impugned judgment and the Division Bench has held that all the four deed of gifts which were executed by Gowramma were declared void and it was not open for the donees under the said deeds to claim any title. The suit was therefore decree by the Division Bench. Mr. Ram Kumar, the learned counsel appearing for the appellant, has submitted that family settlem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al grounds. Family arrangements are governed by a special equity peculiar to themselves, and will be enforced, if honestly made, although they have not been meant as compromise, but have proceeded from an error of all parties, originating in mistake or ignorance of fact as to on what their rights actually depend. It has also been indicated in the said judgment that object of the arrangement is to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eviously between the parties another suit was instituted in the Court of the learned Subordinate Judge Srikakulam being original suit No.50 of 1954. In the said suit, the validity of the deed of gifts made by Sowaramma was questioned. It was held by the learned Subordinate Judge that the said deed of gifts were not valid under the Hindu Law. The appeal was taken to the Andhra Pradesh High Court be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ances of the case for holding the said transfers as valid, in view of the earlier adjudication on the validity of the said deeds in the previous suit between the parties. The law is well settled that even if erroneous, an inter party judgment binds the party if the court of competent jurisdiction has decided the lis. We, therefore, find no reason to interfere with the impugned decision of the High ..... X X X X Extracts X X X X X X X X Extracts X X X X
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