Himachal Pradesh High Court
Vidya Devi & Another vs Hem Raj on 2 January, 2016
Author: Dharam Chand Chaudhary
Bench: Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 37 of 2007.
.
Decided on: 2nd January, 2016.
Vidya Devi & Another .......appellants
Versus
Hem Raj ......Respondent.
Coram
of
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?1 No. For the appellants rt : Mr. Neeraj Gupta, Advocate. For the respondent : Mr. Ajay Sharma, Advocate.
Dharam Chand Chaudhary, J. (oral).
Judgment dated 3.11.2006 passed by learned District Judge Kangra at Dharamshala in Civil Appeal No.17 of 1997 is under challenge in this appeal.
2. The trial Court had decreed the suit for declaration filed by the appellants-plaintiffs. Learned lower appellate Court, however, reversed the judgment and decree passed by the trial Court and dismissed the suit. It is against the judgment and decree so passed by learned 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 19:39:00 :::HCHP 2lower appellate Court, this appeal has been filed with a prayer to quash and set aside the same.
.
3. The appeal after its admission is at the stage of final hearing. The parties, however, have settled the dispute amicably in an outside Court settlement. The terms and conditions, on which the compromise is arrived at, of have been reduced into writing in the deed of compromise Ex.C-1. rt
4. As per the agreed terms and conditions, land entered in Khata No.187(174), Khatauni No.228 (216), Khasra No.298, measuring 0-51-75 hectares, Khata No.188 (175), Khatauni No.229 (217), Khasra No.99, 209 measuring 0-45-33 hectares, is situated in Tehsil Dharamshala. On partition, land entered in Khata No.276/256, Khatauni No.481/472 measuring 14 kanals has been given to the appellants-plaintiffs Smt. Vidya Devi and Samri Devi in equal shares i.e. 7 kanals each. Similarly, out of the land entered in Khata No.187, Khatauni No.228, 5 kanals again in equal shares and out of Khata No.188 (229) again 5 kanals in equal shares have also been given to both of them.
::: Downloaded on - 15/04/2017 19:39:00 :::HCHP 35. Four meter wide passage through land entered in Khata No.276 from the share of both parties has .
also been agreed to be made available. Land measuring three marlas adjoining to Nirankari Bhawan has been kept in the joint possession of both parties and on the sale thereof, they will share the sale proceeds i.e. half of the of amount will be given to the first party, the defendants and the remaining half to the second party, the plaintiffs.
rt
6. The partition so affected between the parties has been given effect in the Revenue record also as Tatima Ex.C-2 has been prepared and the entries are also find mention in the copy of Field Book Ex.C-3. Now only mutation remains to be sanctioned and attested, as per the partition of the suit land affected, in terms of the compromise deed Ex.C-1. Mutation shall be attested by the Revenue Authority in terms of the compromise deed Ex.C-1 on filing of joint application by the parties in this behalf.
7. Thus, nothing is left to be adjudicated upon in this matter on merits. The suit is therefore, decreed, in terms ::: Downloaded on - 15/04/2017 19:39:00 :::HCHP 4 of the compromise deed Ex. C-1. The compromise deed Ex.C-1, Tatima Ex.C-2 and the copy of Field Book Ex. C-3 .
shall form part of the decree. Decree sheet be prepared accordingly.
8. In view of the above, the appeal stands disposed of, so also pending application(s), if any.
of
(Dharam Chand Chaudhary),
January 2, 2016(ps)
rt Judge
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