Himachal Pradesh High Court
Sardar Singh & Anr vs Puran Chand And Ors on 20 March, 2019
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RSA No. 286 of 2015
.
Date of decision: 20.03.2019.
Sardar Singh & Anr. ...Appellants.
Versus
Puran Chand and Ors. ...Respondents.
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?1
For the Appellants:
r Mr. Neeraj Gupta, Advocate,
with Ishwari Nand, appellant No. 2
and Kartar Singh son of Sardar
Singh, appellant No. 1.
For the Respondents: Mr. G. D. Verma, Sr. Advocate,
with Mr. B. C. Verma, Advocate,
with Puran Chand/respondent No.
1.
Justice Tarlok Singh Chauhan, Judge (Oral)
It is heartening to note that the parties have amicably settled the dispute. In terms thereof, out of total land measuring 6 bighas and 16 biswas, the plaintiffs have mutually agreed to retain 3 bighas and 6 biswas. Thereafter, they will be the absolute owner thereof and the rest of the land will be in the ownership and possession of the defendants/appellants. There are certain apple trees standing over the land, which has now 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 22/03/2019 22:00:00 :::HCHP 2 gone to the plaintiffs and the defendants/appellants undertake to remove those trees within 10 days from today.
.
2. The parties have further agreed that right of path approaching to their respective plots would continue to remain the same as it exists today and obviously none would interfere in each other right or much less cause obstructions to such path.
3. As regards mesne profits, the same have been settled at Rs.3,00,000/-, in lieu of the plaintiffs/respondents towards use and occupation charges, in full and final settlement of such claim, as ordered by this Court vide claim of the order dated 20.06.2016 and in consideration thereof a cheque of Rs.3,00,000/- bearing No. 000008, dated 28.03.2019, drawn at UCO Bank, Chirgaon, has been issued by appellant No. 2 Ishwari Nand in favour of Puran Chand/respondent No. 1, which is encashable on 28.03.2019.
4. In order to give effect to this compromise, the Tehsildar Chirgaon is directed to demarcate the land and ensure that the plaintiffs are recorded as owner in possession of land measuring 3 bighas and 6 biswas and possession to this effect be verified on spot and thereafter ensure that the revenue record be updated on the basis of such demarcation and compromise arrived at between the parties. This direction shall apply equally qua the share of the defendants/appellants. ::: Downloaded on - 22/03/2019 22:00:00 :::HCHP 3
5. The Tehsildar, Chirgaon shall make entries in the revenue record in the name of parties in terms of this .
compromise forthwith.
6. In view of the compromise arrived at between the parties, the judgment dated 08.09.2016 is modified in terms of the compromise entered into between the parties. It is made clear that in the event of non-compliance or non-adherence to
7.
r to compromise, it shall be open to the aggrieved party to seek execution of this judgment and decree.
Needless to say that the parties including the proforma respondents shall remain bound by the compromise entered into between the parties.
All pending applications stand disposed of.
20th March, 2019 (Tarlok Singh Chauhan)
(sanjiv) Judge
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