Supreme Court - Daily Orders
Narinder Pal Singh vs Gurmukh Singh on 5 January, 2015
Bench: Dipak Misra, Prafulla C. Pant
SLP CC 12307/14
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.16 OF 2015
(Arising out of S.L.P.(C) No.93 of 2015 CC 12307/2014)
Narinder Pal Singh and Another Appellant(s)
Versus
Gurmukh Singh and Another Respondent(s)
WITH
CIVIL APPEAL NO.17 OF 2015
(Arising out of S.L.P.(C) No.94 of 2015 CC 13268/2014)
O R D E R
Delay condoned.
Leave granted.
Mr. Ajay Kumar Singh, learned counsel for the respondents, submitted that the Compromise Deed has been entered into between the parties. It reads as follows:
“COMPROMISE DEED This Agreement of compromise made at Ludhiana on this 29th day of November, 2014, between Jagtar Singh son of Shri Ujjagar Singh, adopted son of S. Pakhar Singh, resident of village Sihar, Tehsil & District Ludhiana (hereinafter called Party No.1) of the FIRST PART.Signature Not Verified
AND Digitally signed by Chetan Kumar Date: 2015.01.10 Gurmukh Singh son of Shri Narata Singh son of 11:36:31 IST Reason:
Sh. Sardara Singh, resident of Village House No.B-37/175, Village Dugri, Tehsil and District Ludhiana (hereinafter called Party SLP CC 12307/14 2 No.2) of the SECOND PART.
AND Narinderpal Singh son of S. Jagraj Singh, resident of Village Dugri, Tehsil and District Ludhiana through General Power of Attorney Jai Gopal son of Shri Hans Raj, resident of Village Barundi, Tehsil Raikot, District Ludhiana – presently resident of House No.3938, Sector 32-A, Urban Estate, Jamalpur, Ludhiana (hereinafter called Party No.3) of the THIRD PART.
NOW THIS DEED WITNESSETH THAT IT IS HEREBY AGREED AS FOLLOWS:
1. WHEREAS party of the third part purchased land measuring 16 Kanals 0 marla comprised in Khasra No.33//17, 33//24-25/2, Khata No.608/630 as entered in Jamabandi for the year 1981-82 situated at village Sihar H.B.300 Tehsil and District Ludhiana by registered sale deed dated 12.5.1987. By another sale deed dated 19.5.1987 party of third part purchased land measuring 15 Kanals 4 marla comprised in Khasra No.33//17, 33//18, Khata No.609/631, 621/647 as entered in Jamabandi for the year 1981-82 situated at village Sihar H.B.300 Tehsil and District Ludhiana. Thus total land purchased by party of third part by aforesaid registered sale deeds measures 31 Kanals 4 marla. Party of third part was owner in possession of the aforesaid land.
2. WHEREAS party of the third part sold the aforesaid land measuring 31 Kanals 4 marla comprising in Khasra No.33//17-24-25/2, khata No.633/653-654 and Khasra No.33//14-18, khata No.634/655 as entered in Jamabandi for the year 1986-87 situated at village Sihar H.B.300 Tehsil and District Ludhiana to the party of the first part by registered sale deed dated 15.6.1990.
3. WHEREAS Sh. Avtar Singh son of S. Sardara Singh predecessor-in-interest of the party of the second part filed a civil suit for declaration to the effect that the SLP CC 12307/14 3 plaintiff namely Shri Avtar Singh is co-owner to the extent of 320/372 share with all rights of Khal, Path, Bari Chah etc. out of land measuring 18 Kanal 12 Marlas comprised in Khewat No.608/630 Rect. No.33 Kila No.17, 24, 25/2 and of land measuring 7 Kanal 4 Marlas comprised in Khewat No.609/631 Rect.
No.33 Kila No.14 and of land measuring 8Kanal 0 M comprised in Khewat No.621/647 Rect. No.33 Kila No.18 entered in jamabandi for 1981-82 situated at village Sihar H.B. 300 Tehsil and District Ludhiana and that mutation No.9098 and mutation No.9110 sanctioned in favour of the defendant namely Naginderpal Singh alias Narinder Pal Singh is void, ineffective and in-operative against the rights of ownership of the plaintiff namely Shri Avtar Singh therein and for joint possession of the same.
4. WHEREAS the aforesaid suit was decreed, plaintiff was declared as owner of the suit property and mutation No.9098 and 9110 in favour of defendant – Naginderpal Singh alias Narinderpal Singh were declared as void and inoperative qua rights of the plaintiff by judgment and decree dated 15.3.2004. The appeal against the said judgement & decree was also dismissed by judgement & decree dated 29.8.2013.
5. WHEREAS against the aforesaid judgements & decrees, party of first part and party of third part filed appeal before this Hon'ble Court being RSA No.63 of 2014 & RSA No.525 of 2014. The aforesaid appeals were dismissed by the Hon'ble High Court by order dated March 5, 2014. Reviews against the same were also dismissed by order dated 14.5.2014.
6. WHEREAS against the aforesaid order dated 5.3.2014 passed by Hon'ble Punjab & Haryana High Court at Chandigarh, party of first part and party of third part filed Special Leave Petitions being SLP (Civil) CC Nos.12307 of 2014 and 13268 of 2014 before the Hon'ble Supreme Court of India which is pending.
SLP CC 12307/14 47. WHEREAS on 19.09.2014 during the pendency of accompanying SLP's filed before Hon'ble Supreme Court of India, with the intervention of Panchayat and some respectable persons of both the parties, matter in dispute has been amicably settled between the parties and all the parties have entered into compromise.
8. WHEREAS today i.e. 29.11.2014 the terms of the aforesaid compromise arrived between the aforesaid parties on 19.09.2014 are being reduced into writing which are as follows:
(a) That out of the aforesaid total land measuring 31 Kanals 4 marlas, purchased by party of first part by sale deed dated 15.6.1990 comprising in Khasra No.33//17-24-25/2, khata No.633/653-654 and Khasra No.33//14-18, khata No.634/655 as entered in Jamabandi for the year 1986-87 situated at village Sihar H.B.300 Tehsil and District Ludhiana, land measuring 19 kanals 4 marlas shall be in the ownership of first party namely Jagtar Singh son of Shri Ujjagar Singh and land measuring 12 kanals 0 marlas shall be in the ownership of second party namely Gurmukh Singh son of Shri Naurata Singh.
(b) That first party is in the possession of the entire land measuring 31 kanals 4 marlas. The possession of land measuring 12 kanals falling in the ownership of the second party shall be handed over by first party on 15th June, 2015
(c) That all the parties shall be bound by this compromise and shall pray before the Hon'ble Supreme Court of India that the SLP's be disposed of in terms of the compromise.
(d) That the judgments and decrees dated 15.03.2004, 29.8.2013 and 5.3.2014 passed by the courts below be set-aside in terms of this compromise.
(e) That in view of the compromise, all the parties do not want to litigate against each other any further.
SLP CC 12307/14 5(f) That vide this compromise, all the parties want to end up the litigation pending between them regarding aforesaid agricultural land and want to live peacefully in the future.
(g) That all the parties further undertake to give their statement before this Supreme Court of India or any other competent court of law in India regarding full and final settlement of their claims and withdraw all their claims regarding the aforesaid dispute.
IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective hands, the day, month and year first above written.
(Jagtar Singh) (Gurmukh Singh) (Jai Gopal) Party No.1 Party No.2 Party No.3” In view of the aforesaid Compromise Deed, the orders passed by the courts below, are set aside. The compromise deed shall be treated as the order of this Court.
The appeals are disposed of accordingly. There shall be no order as to costs.
......................J. (Dipak Misra) ......................J. (Prafulla C. Pant) New Delhi;
January 05, 2015.
SLP CC 12307/14 6 ITEM NO.50 COURT NO.6 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)......CC 12307/2014 (Arising out of impugned final judgment and order dated 05/03/2014 in RSA No. 63/2014 passed by the High Court Of Punjab & Haryana at Chandigarh) NARINDER PAL SINGH AND ANR. Petitioner(s) VERSUS GURMUKH SINGH AND ANR. Respondent(s) (With appln.(s) for c/delay in filing SLP) WITH S.L.P.(C)...CC 13268/2014 (With appln.(s) for c/delay in filing SLP and Office Report) Date: 05/01/2015 This application was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Sumeet Mahajan, Sr. Adv.
Mr. Satish Kumar, AOR Mr. Amit Kohar, Adv.
For Respondent(s) Mr. Ajay Kumar Singh, AOR Ms. Shikha Roy, Avd.
Mr. S.K. Pabbi, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeals are disposed of in terms of the signed order.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)