Himachal Pradesh High Court
Mathia Ram (Since Deceased) vs Tulsi Ram (Since Deceased And Name on 2 January, 2020
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No.505 of 2008 a/w RSA No.31 of .
2009.
Date of decision: 2nd January, 2020.
1. RSA No. 505 of 2008.
Mathia Ram (since deceased) through LRs Amit Kumar and another .......Plaintiffs-Appellants.
Versus Tulsi Ram (since deceased and name deleted vide order dated 1.4.2015) through LRs Sunder and others ......Defendants/Respondents.
2. RSA No. 31 of 2009.
Tulsi Ram (since deceased and name deleted vide order dated 16.05.2015) through LRs Sunder and others .......Appellants.
Versus Mathia Ram (since deceased) through LRs Amit Kumar and another ......Respondents.
Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting?1. No For the Appellants : Mr. Neeraj Gupta, Senior Advocate with Mr.Ajeet Pal Singh Jaswal, Advocate, for the appellants in RSA No. 505 of 2008 and for the respondents in RSA No. 31 of 2009.
For the Respondents: Mr. Sanjeev Kuthiala, Senior Advocate with Mr. Hem Raj, 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 03/01/2020 20:26:54 :::HCHP 2 Advocate, for the respondents in RSA No. 505 of 2008 and for the appellants in RSA No. 31 of .
2009.
Shri Amit Kumar and Shri Arvind Kumar, appellants and Shri Om Parkash, respondent, are present in person.
Tarlok Singh Chauhan, Judge (Oral).
CMP No. 277 of 2020 in RSA No. 505 of 2008.
Be registered. Since, the parties have amicably settled the dispute, therefore, this application is allowed.
RSA No. 505 of 2008 and RSA No. 31 of 2009.
2. It is heartening to note that the parties with their joint efforts and their respective counsel(s) as also the learned Mediator have brought about an amicable settlement inter se them. The terms and conditions on which the compromise has been arrived at is recorded in para-8 of the application which is registered as CMP No.277 of 2020 and the same reads as under:
"8. That the matter was listed before the Ld. Mediator on 18.10.2019 when both the parties along with their counsel were present and it was agreed that a joint application would be prepared on the basis of the letter and the report so received dated 18.10.2019. The previous report pertaining to Khasra No. 209/79 along with tatima, musavi and jamabandi as also the statement of the parties and the subsequent letter/report dated 18.10.2019 along ::: Downloaded on - 03/01/2020 20:26:54 :::HCHP 3 with jamabandi, tatima and statement of the parties which forms a part and parcel of the compromise are .
attached as Annexure A-1 collectively with the present application and the compromise is to be effected to the following terms:
"a). That both the parties agree that their appeals being RSA No. 505 of 2008 titled as Mathia Ram Vs. Tulsi Ram and RSA No. 31/2009 titled as Tulsi Ram Vs. Mathia Ram be disposed of in view of the report of the demarcation of the Tehsildar, Sadar, Bilaspur aforementioned and the suit as also the counter claim can be disposed of as compromised.
b). That the plaintiffs/appellants/applicants agree that they well get the land to the extent of 0.4 bighas transferred in terms of the report of the Tehsildar, Sadar, Bilaspur where a tin posh Kitchen has been made as also the vacant land along with the tin posh Kitchen and the appellants/applicants have no objection, in case, the land which is in possession of one Sh. Rattan Lal S/o Sh. Chaudhary to the extent of 0-0-5 bighas on Khasra No. 209/79/2 would be handed over to the respondents/applicants and the respondents/applicants would be construed to be the owner of the land to the extent of 0-0-12 bighas on Khasra No. 209/79 forming a part of tin posh Rasoi ghar and the total area would be to the extent of 0-4 bighas (4 biswas) on Khasra No. 209/79 in terms of the report of Tehsildar Sadar, Bilaspur.
c). That similarly the appellants/applicants would be given an area of 0-4 bighas (4 biswas) of land from Khasra No. 5, contiguous to Khasra No.7 by respondent-applicants from their land and thereafter the same would be denoted as Khasra No. 5/1 to the ::: Downloaded on - 03/01/2020 20:26:54 :::HCHP 4 extent of 0-4 bighas (4 biswas), in terms of the report of the Tehsildar and the documents attached .
by the Tehsildar Sadar Bilaspur. The appellants-
applicants shall hold, possess and own the same as absolute owners in possession in equal shares.
d) That both the parties agree that the correction in the revenue record would be effected accordingly and the tatima would also be cut accordingly showing the parties to be the owner in possession to the extent of 0-4 bighas (4 biswas) of land, whereby the respondents/applicants would be the owner in possession of 0-0-7 bighas of land in Khasra No. 209/79 and 0-3-8 Bighas of Khasra No.209/79/3 as also would be entitled to recover possession of 0-0- 5 bighas on Khasra No. 209/79/2 from Sh. Rattan Lal S/o Sh. Chaudhary. Respondents-applicants also ensure that the appellants-applicants are given a total area of 0-4 bighas (4 biswas) in Khasra Nos.5/1, as per tatima and report Annexure A-1.
e) That both the parties further agree that the terms and conditions of the compromise be recorded and the report of the Tehsildar Sadar, Bilaspur along with the statement of parties, tatimas be taken on record and form a part and parcel of the compromise and the suit of the appellants/applicants as also the counter claim of the appellants/applicants be disposed of as compromised and the revenue entries be directed, to carry out necessary rectification in the revenue record in terms of the compromise."
3. The terms of the compromise are taken on record and the appeals being RSA No. 505 of 2008 titled Mathia Ram ::: Downloaded on - 03/01/2020 20:26:54 :::HCHP 5 (since deceased) through LRs Amit Kumar and another vs. Tulsi Ram(since deceased) through LRs Sunder and others and RSA .
No.31/2009 titled Tulsi Ram (since deceased) through LRs Sunder and others versus Mathia Ram(since deceased) through LRs Amit Kumar and another are disposed of as compromised and the terms of the compromise along with demarcation report and documents attached therewith shall form part and parcel of the prepared accordingly.
compromise. Consequently, the suit and the counter claim are ordered to be decreed as compromised. Decree sheet be The parties are left to bear their own costs.
4. In view of the compromise arrived at between the parties, the Tehsildar, Sadar, District Bilaspur, H.P. is directed to carry out changes in the revenue records strictly in accordance with the terms of the compromise within a period of six weeks from the date of presentation of a copy of this judgment.
5. All the miscellaneous applications including CMP No. 10169 of 2016 are ordered to be dismissed in view of the compromise arrived at between the parties.
2nd January, 2020. (Tarlok Singh Chauhan) (krt) Judge ::: Downloaded on - 03/01/2020 20:26:54 :::HCHP