Himachal Pradesh High Court
Smt. Tikam Dassi And Others vs Smt. Sundari on 27 March, 2015
Author: Dharam Chand Chaudhary
Bench: Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
RSA No.200 of 2014 alongwith CMP No.3843 of 2015.
.
Decided on: 27th March, 2015.
Smt. Tikam Dassi and others .. Appellants.
Versus
Smt. Sundari .. Respondent.
Coram
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?1 No. For the appellants : Mr. Sanjeev Kuthiala, Advocate.
For the respondent : Mr. B.S. Attri, Advocate.
Appellants as well as General Power of Attorney of respondent are also present in person.
Dharam Chand Chaudhary, J. (oral).
Defendants are in second appeal before this Court.
They are aggrieved by the judgment and decree passed by learned District Judge, Kullu, in Civil Appeal No.115 of 2013, affirming thereby the judgment and decree passed by learned Civil Judge (Senior Division), Kullu and the appeal dismissed.
2. The subject matter of dispute is land entered in Khata/Khatauni No.1849 min/2883 min, Khasra No.2355, measuring 3-17-0 Bighas, situate in Phati and Kothi Kais, Tehsil and District Kullu and land entered in Khata/Khatauni No.335 min/444, Khasra No.66, measuring 0-05-32 hectares, situate in Up-Mohal Kais-I, Tehsil and 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 17:54:07 :::HCHP -2-District Kullu. Respondent/plaintiff Sundari has been held to be .
owner in possession of the suit land. Consequently, the appellants /defendants are restrained from causing any interference over the suit land. The judgment and decree so passed against the appellants/defendants is under challenge in the main appeal. The same at present is at its initial stage being not even admitted also.
3. In an application registered as CMP No.13616 of 2014, the appellants/defendants have approached this Court with a prayer to refer the dispute for settlement through mediation. There being no objection to the prayer so made, the application was allowed vide order dated 5th September, 2014 and consequently Shri G.D. Verma, learned Senior Advocate was appointed as Mediator for conducting negotiation between the parties. Shri Verma has conducted the negotiations. The efforts he made, bore fruits as the parties on both sides agreed to settle the dispute in the following manner:
"17.10.2014 Present: Sh. Sanjeev Kuthiala, Advocate, with Smt. Tikkam Dassi and Sh.
Sukh Dayal, appellants.
Shri Ram Lal GPA of Sundri alongwith Mr. B.S. Attri, Advocate.
Sh. Ram Lal GPA of Smt. Sundri has agreed to give ½ share of land out of the total land measuring 3.17 Bighas, as entered against khasra No.2355 situated at Kais, Tehsil Kullu to Smt. Tikkam Dassi. It has been mutually agreed upon between Smt. Sundri through her GPA Sh. Ram Lal and Smt. Tikkam Dassi that house ::: Downloaded on - 15/04/2017 17:54:07 :::HCHP -3- situated upon suit land is 2 and ½ storeyed building and .
that the same shall be divided in equal shares with courtyard in their favour, so that each of them hold, occupy and possess ½ share each in this house. The parties have agreed that area of khasra No.5568, measuring 13 biswas shall be given to Smt. Sundri.
The parties have requested that the matter may be taken up for preparation of spot maps/tatima with the Tehsildar, Kullu.
A request may be made by the learned Administrator Coordinator, Main Mediation Centre, High Court to the Tehsildar, Kullu that he should visit the spot alongwith Halqua Kanungo and prepare Tatimas of the respective plots, which have to be given to each of the party on the basis of the above amicable settlement. The Tehsildar will summon both the parties.
Also the Tehsildar, Kullu may be requested that he shall prepare map of the house showing the detail of ½ share each with courtyard, as explained above and for this purpose he can obtain the help of any expert, so that the matter is finally decided. While allotting the respective plots to the parties and particular portion of house, it shall be kept into consideration that the necessary provision is made for approach/ path. The parties have agreed that when the final settlement is arrived at in writing before the Hon'ble Court Smt. Sundri or her GPA Ram Lal will make a statement that possession over area khasra No.5568, measuring 13 biswas shall stand handed over and similarly on the basis of the Tatima which will be prepared by the revenue authorities as explained above, the parties will make statement regarding handing over of physical ::: Downloaded on - 15/04/2017 17:54:07 :::HCHP -4- possession. Report of Tehsildar may be called for 4th .
December, 2014.
The parties are requested to remain present on the next date of hearing, i.e., 8th December, 2014.
In the event of final settlement, all the suits and litigations shall be decided on the basis of this compromise. A reference may be made to Tehsildar, Kullu today.
17th October, 2014 sd/- Mediator, G.D. Verma, Sr. Advocate."
4. As desired by learned Mediator in his report Ext.C-1, the Administrator-Coordinator made a reference dated 20th/21st October, 2014 to Tehsildar, Kullu with a request to visit the spot under due notice to the parties and prepare Tatima as per amicable settlement arrived at and also the map of the house dividing the same into two shares, i.e., half share each in such a manner that on allotment of each share the provision of approach/path to the plots/house is made in favour of both parties. Tehsildar, Kullu after doing the needful, has submitted the report Ext.C-2 alongwith the documents annexed thereto.
5. The parties on both sides have filed the application (CMP No.3843 of 2015) aforesaid for recording compromise jointly.
The agreed terms and conditions, find mention in para 5 to 9 of the application, read as follow :
"5. That as per the report of the Tehsildar dated 28.11.2014, khasra No.2355 (old) 1428 (new) measuring ::: Downloaded on - 15/04/2017 17:54:07 :::HCHP -5- 0-31-15 hectares (3-17 bigha) situated in Mohal and .
Kothi Kais, Tehsil and District Kullu has been prepared alongwith the Tatima, on the basis of which, the same has been divided equally and one share will be given to the appellants/applicants No.1 to 3 and the other will be given to the respondent/applicant and her son Shri Ram Lal. The individual share will be reflected in the possessory column and the appropriate mutation will be effected qua such possession. The possessory column will remain the same. Both the parties have agreed that the presence for the purpose of such mutation of each party be dispensed with and the revenue correction in the posessory column be effected by the revenue authority.
6. That similarly it has been agreed that khasra No.5568 (old) 66 (new) measuring 0-05-32 hectares (0-
13) situate in Up-Mahal Kais-I, Phati and Kothi Kais, Tehsil and District Kullu will be in the possession of respondent/applicant Smt. Sundri and the ownership column would remain as it is and the appellants /applicants No.1 to 3 will have no concern whatsoever with this land. The applicants/appellants No.1 to 3 shall not interfere in any manner upon the peaceful possession of the respondent.
7. That it has been agreed inter-se the parties that with respect to Khasra No.2351 min (old) 1406 (new), measuring 0-02-18 Hectares Gair Mumkin Abadi, Khasra No.2351 min (old) 1414 (new), measuring 0-01-20 Hectares Gair Mumkin Abadi, total 0-03-38 hectares, Gair Mumkin Abadi in Mohal Kais Phati and Kothi Kais on which 2½ storeyed house exists which is in possession of the appellants/applicants No.1 to 3 would be ::: Downloaded on - 15/04/2017 17:54:07 :::HCHP -6- divided equally, whereby half of 2½ storeyed should .
alongwith courtyard would go to the share of appellants No.1 to 3/applicants and the other half of the house and courtyard would go to the respondent/applicant as per Tatima prepared by the revenue agency. The requisite entries would be made in the revenue record and the mutation effected for which the parties agree that the personal appearance of the opposite party can be dispensed with for the purpose of effecting the mutation. The possession of half of 2½ storeyed house shall be handed over to the respondent (Ram Lal) within one month from today.
8. That the parties further agree that the present appeal be disposed of as compromised and in the judgment and decree of the learned Court, which is under challenge, the term of compromise be made a part and parcel of the judgment and decree and the same be modified.
9. That both the parties have mutually agreed that they would not interfere either in the ownership or in the possession of each party after the revenue correction are made and would ensure that they live amicably and peacefully with each other. The affidavits of the applicants in support of compromise and the terms are also appended with the application which be also taken on record."
6. The statements of the parties on both sides have also been recorded separately.
7. The decree passed in both Courts below, therefore, deserves to be modified in terms of the compromise ::: Downloaded on - 15/04/2017 17:54:07 :::HCHP -7- so arrived at between the parties. Therefore, in modification of .
the impugned judgment and decree it is ordered that half of the suit land bearing Khasra No.2355 (old) measuring 3-17-0 bigha, 1428 (new), measuring 0-31-15- hectares, denoted by Khasra No.1428/1, measuring 0-15-59 hectares (Bagicha Faldar) shall be that of respondent/plaintiff Sundari, whereas half bearing Khasra No.1428/2 and 1428/3, Kita 2, measuring 0-15-56 hectares to that of appellants/defendants. Similarly, out of land and house in existence thereon bearing Khasra Nos.1406 and 1414, Kita 2, measuring 0-03-38 hectares, half portion thereof bearing Khasra No.1406/1, measuring 0-01-68 hectares shall be that of respondent/plaintiff Sundari, whereas the remaining half bearing Khasra No.1414, measuring 0-01-2 hectares and 1406/2, measuring 0-00-50 hectares, kita 2, total measuring 0-01-70 hectares to be that of appellants/defendants.
8. Land measuring 0-13-0 bigha, bearing Khasra No.5568 (old) new Khasra No.66, measuring 0-05-32 hectares shall go to respondent/plaintiff Sundari exclusively. There shall be a direction to Tehsildar, Kullu to deliver the possession of the land as well as house in the manner as ordered hereinabove on or before 31st May, 2015 to respondent/plaintiff Smt. Sundari and her son Ram Lal both. The Tehsildar shall further cause to attest the mutation of the land and portion of the house delivered to the parties on both sides in terms of this judgment. Any other ::: Downloaded on - 15/04/2017 17:54:07 :::HCHP -8- and further litigation pending in any other Court(s) shall also .
come to an end and the party which has instituted such litigation shall withdraw the same. The failure on the part of the appellants/defendants to deliver the possession to the respondent/plaintiff and her son Ram Lal as agreed upon shall render themselves liable for penal consequences including proceedings for contempt of Court, in accordance with law.
The report of learned Mediator Ext.C-1 and that of Tehsildar, Kullu Ext.C-2 alongwith its enclosures shall form part of the decree. Decree sheet be prepared accordingly. The appeal stands accordingly disposed of having been compromised. The application (CMP No.3843 of 2015) aforesaid filed for recoding compromise and also any other and further application shall also stand disposed of.
9. An authenticated copy to learned Advocate General for onward transmission to Tehsildar Kullu for compliance.
10. Before parting with, this Court places its appreciation on record qua the efforts made by learned Mediator to resolve the dispute amicably.
March 27, 2015 (rc) (Dharam Chand Chaudhary), Judge.
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