Himachal Pradesh High Court
Basanti & Others vs Chamel Singh on 29 April, 2015
Author: Dharam Chand Chaudhary
Bench: Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RSA No. 1 of 2002.
Decided on: 29th April, 2015.
.
Basanti & Others ......... Appellants.
Versus
Chamel Singh ...... Respondent.
Coram
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
Whether approved for reporting?1 No.
For the appellants: Mr. Karan Singh Kanwar, Advocate.
For the respondent: Mr. Sanjeev Kuthiala, Advocate.
Dharam Chand Chaudhary, J (Oral).
In this appeal judgment and decree passed by learned District Judge Sirmaur District at Nahan on 20.9.2001 in Civil Appeal No.101-CA/13 of 1999 is under challenge. It is the plaintiffs, who are in second appeal.
2. The appeal when listed for hearing, the parties on both sides represented that the controversy can be resolved amicably. Consequently, the matter 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 18:04:47 :::HCHP 2was referred for mediated settlement and Shri N.K. Sood, learned Senior Advocate and a trained Mediator was .
requested to conduct negotiation between the parties.
The efforts made by Mr. Sood, bore fruits as the parties agreed to settle the controversy amicably on certain terms and conditions find mentioned in the order passed on 5.11.2014, which read as follows:
"
Report submitted by learned Mediator and the terms and conditions, on which parties have agreed to compromise the controversy are available on record in 'B' part of the file. Two of the conditions precedent to the amicable settlement, reads as follows:
"C) That it is also agreed to between the parties that while segregating and identifying the suit land measuring 04 bighas 03 biswas to be handed over to the appellants, the Tehsildar, Nahan shall make every endeavour not to take out any portion of the suit land which is under the cattle shed, Abadi land and cultivable land of the respondent-Chamel Singh and also every endeavour will be made by the Tehsildar that such segregation is made in ::: Downloaded on - 15/04/2017 18:04:47 :::HCHP 3 such a way that suit land after segregation is not fragmented and remains in compact block for either sides. After identifying and .
segregating the suit land, the Tehsildar Nahan be also directed by the Hon'ble Court to prepare the necessary Tatimas and further to carry out the corrections in the Revenue Records once the Decree is amended and modified by the Hon'ble Court.
G) That it is also agreed to between the parties that once the Tehsildar, Nahan visits the spot and carries out the aforesaid exercise, the required Tatimas are sent back by him to this Hon'ble Court. If need be, the parties will move a joint application for recording the compromise in the above terms. However, if the Hon'ble Court deems it appropriate not to insist for separate application for recording the compromise, the above terms as mutually agreed to between the parties will form part of the amended/modified Decree.
The power of attorney executed in favour of Sh. Shamsher Singh by Smt. Basanti Devi and Kunta Devi appellants has been agreed to be placed on record by the ::: Downloaded on - 15/04/2017 18:04:47 :::HCHP 4 learned counsel for the appellants at an appropriate stage before the Hon'ble Court."
.
Consequently, there shall be a direction to Tehsildar, Nahan to conduct the spot inspection and prepare tatima pin pointing land measuring 04-03-0 bighas out of the suit land entered in Khasra No. 91, 94 measuring 3-0 bighas and 5-19 bighas total measuring 8-19 bighas, Khata Khatoni No. 12min/15 and Khasra No. 96 measuring 2-5 bighas under
Khata Khatoni No. 21/26 situated at Village Satna, Tehsil Nahan, District Sirmour agreed to be given to the appellants-plaintiffs and prepare tatima thereof within four weeks from the date of production of a copy of this order by the appellants-plaintiffs. Learned Additional Advocate General is also requested to assist this Court by ensuring that the needful is done by the Tehsildar in the light of this order and the report is filed well before the next date. List on 30th December, 2014.
An authenticated copy of this order to the parties through learned counsel representing them and learned Additional Advocate General for compliance."::: Downloaded on - 15/04/2017 18:04:47 :::HCHP 5
3. Consequent upon the order ibid, Tehsildar Nahan has filed report and the same is available on .
record. Tehsildar conducted the demarcation on the spot and reported that out of the suit land measuring 11 bigha 4 biswa, land measuring 4-03 bigha bearing Khasra No.91 and 94/1 will be that of appellants whereas the remaining 7-01 bighas bearing Khasra No.94/2 and 96 to be that of respondents. The report of Tehsildar is supported by the joint statement of Smt. Kamla Devi, appellant 1(b) and Shri Beli Ram appellant No.2 and also that of respondents Chamel Singh.
4. Consequently, an application registered as CMP No. 5059 of 2015 came to be filed under Order 23 Rule 3 read with Order 32 Rule 7 and Section 151 CPC for recording the compromise. The agreed terms and conditions as detailed in para 2 to 5 of the application read as follows:
"2. That during the pendency of the present appeal the parties had been trying to ::: Downloaded on - 15/04/2017 18:04:48 :::HCHP 6 explore the possibility of compromise. Since the dispute involved in the appeal has been amicably settled and the parties are desirous .
of recording the compromise hence the present application is being moved for recording the compromise, on the following terms:
a) The dispute between the parties pertains to land comprised in Khasra No.91, 94 measuring 3 bighas and 5-19 bighas under Khata Khatauni No.12 min/15, Khasra No.96, measuring 2-5 bighas under Khata Khatauni No.21/26, total land measuring 11-04 Bighas as per Jamabandi 1994-95. In view of the settlement arrived between the parties the appellants/applicants are the owners in possession of land comprised in Khasra No.94/1 measuring 1-03 Bigha and land comprised in Khasra No.91 measuring 3-0 Bighas being total area 4-03 Bigha in Mauja Satna, H. No. 70, Tehsil Nahan, District Sirmaur, Himachal Pradesh as per Tatioma dated 9.12.2014 ::: Downloaded on - 15/04/2017 18:04:48 :::HCHP 7 and the report dated 23.12.2014 submitted by the Tehsildar Nahan, District Sirmaur, Himachal Pradesh .
before this Hon'ble Court. The
respondent/applicant is owner in
possession of land comprised in Khasra No.94/2 measuring 4-16 Bigha along with land comprised in Khasra No.96, measuring 2-05 Bigha total measuring 7-01 Bigha in Mauja Satna, H.No.70, Tehsil Nahan, District Sirmaur, Himachal Pradesh as per Tatima dated 9.12.2014 and the report dated 23.12.2014 submitted by the Tehsildar Nahan, District Sirmaur, Himachal Pradesh before this Hon'ble Court.
b) That it is agreed that the necessary changes will be incorporated in the revenue record accordingly for which the parties will jointly approach the revenue authorities for requisite modification in the revenue record and the expenses will be shared by applicants/appellants as one party and ::: Downloaded on - 15/04/2017 18:04:48 :::HCHP 8 the applicant/respondent as second party in equal proportion. In case any of the parties to the present .
compromise does not co-operate for the purpose of getting the mutation attested the other party can get it done by itself at its own cost and the presence of the party not co-operating shall not be required.
c) That the applicants/appellants will have no right, title or interest in land comprised in Khasra No.94/2 measuring 4-16 Bigha along with land comprised in Khasra No.96 measuring 2-05 Bigha total measuring 7-01 Bigha in Mauja Satna, H. No.70, Tehsil Nahan, District Sirmaur, Himachal Pradesh as per Tatima dated 9.12.2014 and the report dated 23.12.2014 submitted by the Tehsildar Nahan, District Sirmaur, Himachal Pradesh before this Hon'ble Court.
Similarly, the applicant/ respondent will have no right, title or interest in land comprised in Khasra No. 94/1 measuring ::: Downloaded on - 15/04/2017 18:04:48 :::HCHP 9 1-03 Bigha and land comprised in Khasra No.91 measuring 3-0 Bigha being total area 4-03 Bigha in Mauja Satna, H. .
No.70, Tehsil Nahan, District Sirmaur, Himachal Pradesh as per Tatima dated 9.12.2014 and the report dated 23.12.2014 submitted by the Tehsildar Nahan, District Sirmaur, Himachal Pradesh before this Hon'ble Court.
3. That the applicants/parties compromise agree to abide by the terms of the compromise and undertake to get the to the revenue entries changed and get the terms of compromise implemented. Further, the applicants/parties to the compromise have no objection in the implementation of the terms of the compromise as incorporated hereinabove. The applicants/parties to the compromise further declare that this compromise shall be binding on the legal heirs/successors of the applicants. The parties will not interfere with the peaceful ownership and possession of each other. In case any party violates any of the conditions of the ::: Downloaded on - 15/04/2017 18:04:48 :::HCHP 10 present compromise it shall be liable to be proceeded against for disobedience of this Hon'ble Court.
.
4. That the applicant/appellant No.1 (e) Kaushalya is minor and is being represented by her mother and next friend Smt. Kamla Devi in the present appeal as well as in this compromise. It is submitted that the present compromise is for the benefit and in the interest of the minor Kaushalya. The applicants/appellants submit that since the present compromise is for the benefit and in the interest of the minor Kaushalya this Hon'ble Court may kindly grant leave to enter into this compromise on behalf of the minor Kaushalya as well.
5. That the applicant appellant No.1(c) is the Special Power of Attorney holder of the applicants/appellants No.1(a) Smt. Basanti Devi and 1(d) Kunta Devi and is authorized to enter into this compromise their behalf."
::: Downloaded on - 15/04/2017 18:04:48 :::HCHP 115. In view of the settlement so arrived at between the parties, no dispute is left to be adjudicated .
upon in this appeal on merits and the same rather deserves to be disposed of in the light of the agreed terms and conditions. Therefore, in modification of the judgment and decree passed by learned lower appellate Court, this appeal is disposed of with a direction that out of the suit land measuring 11 bigha 4 biswas, the appellants-plaintiffs shall be entitled to the ownership and possession thereof to the extent of 4-03 bighas i.e. 3-0 bighas bearing Khasra No.91 and 1-03 bigha bearing Khasra No.94/1 and the remaining land measuring 7-01 bighas i.e. 4-16 bighas bearing Khasra No.94/2 and 2-05 bighas bearing Khasra No.96 shall be that of the respondent. The report of Tehsildar, Nahan accompanied by its enclosures annexures A-1 and A-2, Jamabandi Annexure A-3 and Tatima Annexure A-4 shall form part of the decree. No orders so as to costs. The ::: Downloaded on - 15/04/2017 18:04:48 :::HCHP 12 application CMP No. 5059 of 2015 and any other application, if pending, shall also stand disposed of.
.
April 29, 2015. (Dharam Chand Chaudhary), (ps) Judge.
r to
::: Downloaded on - 15/04/2017 18:04:48 :::HCHP