Himachal Pradesh High Court
Sh. Jagdish Chand And Others vs Sh. Rama Nand on 18 November, 2015
Author: Dharam Chand Chaudhary
Bench: Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
RSA No. 497 of 2014
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Decided on: 18th November, 2015
Sh. Jagdish Chand and others .......Appellants.
Versus
Sh. Rama Nand ...Respondent.
Coram
of
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
Whether approved for reporting?1 No.
For the appellants: rt Mr. V.S. Chauhan, Advocate.
For the respondent: Mr. Bimal Gupta, Senior Advocate
with Ms. Kusum Chaudhary,
Advocate.
Dharam Chand Chaudhary, Judge (Oral)
RSA No. 497 of 2014 & CMP No. 11837 of 2015 This appeal having been directed against the judgment and decree dated 13.06.2014 passed by learned Additional District Judge, Sirmaur District at Nahan in Civil Appeal No. 01/N/13 of 2014/13 is still at its initial stage being not yet admitted also. The parties during the course of proceedings in this appeal have expressed their intention to compromise the dispute amicably. Consequently, in an outside Court settlement, 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 19:21:48 :::HCHP 2they have arrived at a compromise in the following terms:
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"(i) That the applicant/respondent has agreed to that the Revenue entries pertaining to Khasra No. 909, which were in the name of applicants/appellants prior to of filing of civil suit, out of which the present RSA has arisen, will remain as it is and applicant/respondent will have no objection rt if such revenue entries pertaining to Khasra No. 909 which were changed after passing of the decree and judgment after 2010 in favour of applicant/respondent are again changed in the name of applicants/ appellants. The applicant/respondent for getting the revenue entries changed in the name of applicants/appellants, pertaining to Khasra No. 909 will render all possible help to the applicants/appellants.
(ii) That in view of the above the revenue entries pertaining to Khasra No. 909, in favour of applicants/appellants, which were in fact coming in the revenue record right from the year of 1958-59 will be deemed to be in their favour even after passing of decree and judgment by the courts below which are ::: Downloaded on - 15/04/2017 19:21:48 :::HCHP 3 pending before this Hon'ble Court by way of present appeal.
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(iii) that the applicants/appellants have agreed to transfer 14 biswas of land out of total land comprised in Khasra No. 82/76 comprised in Khata Khatauni No. 98/97 situated in Mohal Ghuttanpur, Paonta Sahib, of District Sirmour, H.P. total measuring 64-13-00 hectares. It is made clear that the said 14 biswas of land is abutting the land owned rt and possessed by applicant/respondent. This land will be transferred in the name of applicant/respondent by the applicants/ appellants within 30 days from the passing of orders in the appeal by this Hon'ble Court.
However, applicant/respondent will bear all expenses i.e. Stamp duty, registration fee etc. for executing and registration of sale deed.
(iv) That in addition to aforesaid 14 biswas of land appellant No. 7 Smt. Kamla Devi D/o Sh. Ganga Ram will also transfer the land equivalent to the land comprised in Khasra No. 904 (904 was otherwise owned by applicant/respondent and sold by applicant/appellant No. 7 to third party) out of her share in the land comprised in Khasra ::: Downloaded on - 15/04/2017 19:21:48 :::HCHP 4 No. 82/76, abutting the land owned and possessed by applicant/respondent.
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(v) That the entire land which is to be transferred in the name of applicant/ respondent by applicants/appellants has been carved out from Khasra No. 82/76 and has been assigned Khasra No. 82/76/1 and of more clearly depicted in Aks Number Khasra Sajra Kistwar and Jamabandi for the year 2010-2011 with this compromise as Annexure rt C-1.
(vi) That the appellants No. 1 and 3 to 7 are not in a position to come to this Hon'ble Court recording the compromise entered into between the parties as such the appellants No. 1 and 3 to 7 have appointed applicant/appellant No. 2 namely, Jogeshwar S/o late Sh. Jodh Singh as their lawful attorney to enter into compromise with applicant/respondent in the aforesaid terms, a copy of General Power of Attorney so executed by the applicant/appellant No. 1 and 3 to 7 is filed as Annexure C-2 with this compromise.
(vii) That the applicants/appellants and applicant/respondent undertake to bind themselves with the aforesaid terms and ::: Downloaded on - 15/04/2017 19:21:48 :::HCHP 5 conditions and further undertakes that in case any of them of their successors if .
violates the aforesaid compromise entered into between the parties will be liable to be dealt in accordance with law including committing contempt of this Hon'ble Court."
2. Learned lower appellate Court vide of judgment and decree under challenge has dismissed the appeal and affirmed the judgment and decree rt passed by learned trial Court. It is seen that learned trial Court by way of decree of permanent prohibitory injunction has restrained the defendants from causing any interference in the suit land comprised in Khata Khatoni No. 78 min/156 min, Khasra No. 909 measuring 0-05-10 hectares, situated in Mauza Bata Mandi, Tehsil Paonta Sahib, District Sirmaur and from dispossessing the plaintiff therefrom.
3. Now, in terms of the amicable settlement arrived it, it has been agreed that the revenue entries showing the suit land bearing Khasra No. 909 in favour of the appellants-defendants will have to be deemed to be true and correct, irrespective of judgment and ::: Downloaded on - 15/04/2017 19:21:48 :::HCHP 6 decree under challenge is contrary to such entries. It has further been agreed that in case revenue entries .
stood changed in favour of the respondent-plaintiff, the same will stand changed in the name of appellants-
defendants. In lieu thereof, the appellants-defendants of have agreed to transfer 14 biswas of land comprised in Khata Khatoni No. 98/97, Khasra No. 82/76 situated in rt Mohal Ghuttanpur, Tehsil Paonta Sahib, District Sirmaur, H.P., out of the total land i.e. measuring 64-13-00 hectares. Appellant-defendant No. 2, Smt. Kamla Devi has agreed to give in exchange the land equivalent to the land entered in Khasra No. 904 out of her share in the land bearing Khasra No. 82/76 abutting to the land of respondent-plaintiff. Tatima qua transfer/exchange of 14 biswas and 5 biswas of land as aforesaid has also been prepared and denoted by Khasra No. 82/76/1.
The parties have agreed that on account of breach of either of terms and conditions on which the amicable settlement is arrived at, appropriate proceedings in accordance with law including under the Contempt of Courts' Act shall be initiated against such party.
::: Downloaded on - 15/04/2017 19:21:48 :::HCHP 74. In view of the parties have compromised the dispute in the present lis, nothing is left to be adjudicated .
upon in this appeal on merits. The same is, therefore, disposed of with a direction to the appellants-
defendants to transfer 14 biswas of land as agreed upon of in favour of respondent-plaintiff. Appellant-defendant No. 7 shall also give 5 biswas of land in exchange of land rt comprised in Khasra No. 904 out of her share in the land bearing Khasra No. 82/76. The respondent-plaintiff shall have no right, title, interest or claim in the suit land bearing Khasra No. 909, which shall be in exclusive possession of the appellants-defendants and the revenue entries thereof shall also remain in their names.
The judgment and decree under challenge stands modified accordingly. Tatima annexed to the application, shall form part of the decree. Pending application(s), if any, shall also stand disposed of.
Copy Dasti.
November 18, 2015 (Dharam Chand Chaudhary)
(naveen) Judge
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