Dharambir And Another vs Raj Kumar Son Of Tara Chand on 31 October, 2008

RSA No. 4650 of 2003                            1

        In the High Court for the States of Punjab and Haryana at Chandigarh
                                        ...


                                         RSA No. 4650 of 2003

                                         Date of decision: October 31,2008

Dharambir and another                                            ..Appellant.

                                   Versus

Raj Kumar son of Tara Chand
                                                                ..Respondents

Coram:        Hon'ble Mr.Justice Rakesh Kumar Garg

Present:      Mr. Vikram Singh, Advocate
              for the appellants
              Mr.Vikram Punia, Advocate
              for the respondent.

                        ...

Rakesh Kumar Garg,J.

This is plaintiffs appeal challenging the judgment and decree of the

lower Appellate Court whereby appeal of the defendant-Raj Kumar has been

accepted and judgment and decree of the trial Court decreeing the suit of the

plaintiff-appellants was set aside and suit of the plaintiff-appellants was ordered

to be dismissed.

Briefly stated that in the present suit for declaration with

consequential relief of permanent injunction, the plaintiffs have claimed that the

sale deed alleged to be executed and registered on behalf of the plaintiffs vide

No.1577/1 dated 23.11.1995 is null and void and not binding on the rights of the

plaintiffs.

The suit was contested by the defendant. The trial Court vide its

judgment and decree dated 12.9.2001 decreed the suit of the plaintiffs and sale

deed dated 23.11.1995 was declared null and void. The defendant was also

restrained from interfering in the possession of the plaintiff over the suit land.

The defendant filed an appeal challenging the aforesaid judgment

and decree of the trial Court which was allowed by the Additional District Judge,

Sonepat vide his judgment and decree dated 2.9.2003 and suit of the plaintiffs
RSA No. 4650 of 2003 2

was ordered to be dismissed.

The present appeal has been filed by the plaintiff challenging the

aforesaid judgment and decree of the lower Appellate Court dated 2.9.2003.

Vide order dated 25.7.2008, the matter was referred to the

Mediation and Conciliation Centre of the High Court and the same was

registered as Mediation Case No.8 of 2008 in RSA No.4650 of 2003. The report

of the proceedings held in the case have been placed before this court by the

Mediation and Conciliation Centre, according to which, the matter stands settled

between the parties.

Learned counsel for the parties are agreed that the appeal be

disposed of in terms of the settlement dated 29.8.2008 arrived at between the

parties by Mediation and Conciliation Centre.

The report dated 29.8.2008 of the Mediation and Conciliation

Centre is taken on the record and the same is marked as Ex. CX. As per report

Ex. CX of the Mediation and Conciliation Centre, the following are the terms of

the compromise arrived at between the parties:-

“1. That respondent has no objection if the sale deed No.1577/1

dated 23.11.1995, mutation No.6317 qua the said land measuring

15 marlas be got declared as null and void by this Hon’ble High

Court.

2. That respondent No.1 is also agreeable that if this Hon’ble

Court sets aside the order dated 2.9.2003 passed by the

Additional District Judge, Sonepat so as to facilitate the present

compromise.

3. The appellant No.1 after the disposal of the present appeal in

terms of the present compromise shall get the suit land registered

in his favour and thereafter he will take effective steps to sell the

suit land measuring 15 marlas to which appellant No.2 has no

objection and has given up his claim if any in favour of appellant

No.1 being real brothers and as already stated, appellant No.2 has
RSA No. 4650 of 2003 3

already sold his share of 4 marlas in favour of appellant No.1.

4. The appellant No.1 after the transfer of the suit land in his

favour, will immediately sell the land and then pay a sum of Rs.3

lacs to the respondent. The needful will be done within a period of

3 months from the date the suit land is transferred in favour of the

appellant No.1.”

The report i.e., Ex. CX shall form part of the judgment and decree

of this Court. Both the parties shall be bound by the said settlement Ex.CX which

shall be a part of judgment and decree.

After hearing learned counsel for the parties and in terms of

compromise Ex.CX, the judgment and decree dated 2.9.2003 passed by the

Additional District Judge, Sonepat is set aside and sale deed No.1577/1 dated

23.11.1995 and mutation No.6317 qua the suit land measuring 15 marlas is

declared as null and void. The appellant No.1 shall be entitled to get the suit land

registered in his favour and thereafter, he will take effective steps to sell the suit

land measuring 15 marlas and pay a sum of Rs. 3 lacs to the respondent. The

needful will be done within a period of three months from the date, the suit land

is transferred in favour of the appellant No. 1

The appeal is disposed of as above

October 31, 2008 (RAKESH KUMAR GARG)
nk JUDGE