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2014 DIGILAW 18 (SIK)

Man Kumari Sharma v. State of Sikkim

2014-05-08

N.K.JAIN

body2014
JUDGMENT Jain, CJ (Oral). Heard learned counsel for the parties. 2. This appeal arises out of a suit for declaration, cancellation of Sale Deed, etc. filed by plaintiff-appellant, which has been dismissed by the Court of District Judge, Special Division – II at Gangtok, East Sikkim vide Judgment dated 12.08.2013 passed in Title Suit No. 04 of 2012. The appeal was admitted. Notices were issued to respondents. The matter was listed for hearing on 07.03.2014 and on that day, time was sought and granted to both the parties to settle the matter out of Court. 3. Learned counsel for appellant as well as respondent No. 4, who is the main contesting respondent, submitted that the parties have entered into a compromise in the matter, they have filed a joint application along with Deed of Compromise, to dispose off the appeal in terms of compromise. 4. Learned Additional Advocate General submitted that the present dispute is in between the appellant and respondent No. 4. They are only the Registering Authority. Therefore, this appeal can be disposed off in terms of compromise entered in between the appellant and respondent No. 4. 5. The Deed of Compromise is duly signed by appellant as well as respondent No. 4, in presence of witnesses, who have also put their signatures. The Deed of Compromise is reproduced as under:- “DEED OF COMPROMISE This deed of compromise is made on this the 8th day of May, 2014 at Gangtok, East Sikkim BETWEEN Smt. Man Kumari Sharma, wife of Shree Lall Sharma, resident of Sichey, P.O. Sichey, P.S. Gangtok, East Sikkim (hereinafter referred as to the First Party) AND Smt. Munna Chettri, daughter of Dal Bahadur Chettri, resident of Near Forest Check Post, Sichey, P.O. Sichey, P.S. Gangtok, East Sikkim (hereinafter referred as to the Second Party). Whereas the first party had filed a Civil Suit bearing Title Suit No. 04 of 2012. However, the said suit was dismissed from the court of the Hon’ble District Judge, Special Division-II, East Sikkim at Gangtok in favour of the Second Party through a judgment dated 12.08.2013. Being aggrieved the First Party has preferred an appeal before the Hon’ble High Court of Sikkim bearing RFA No. 16 of 2013 and same is pending. Whereas due to intervention of friends, family members and well wishers both parties have agreed to settle the dispute amicable under the following terms and conditions: 1. Being aggrieved the First Party has preferred an appeal before the Hon’ble High Court of Sikkim bearing RFA No. 16 of 2013 and same is pending. Whereas due to intervention of friends, family members and well wishers both parties have agreed to settle the dispute amicable under the following terms and conditions: 1. The First Party (Man Kumari Sharma) have abandoned her claim in the suit building measuring an area 28 x 45 (.0117 hectare) comprising of 5 storied RCC building. The first party declares that the second party (respondent No. 4 Munna Chettri) is the absolute owner of the said building and the first party does not have any right, title and interest over the said building. 2. The Second Party shall deliver the vacant possession of the land leaving aside the building area, the parties shall cause correction of the record of right i.e. the building area shall be recorded in the name of second party and remaining portion from plot No. 255 and 256 other than building area shall be recorded in the name of First Party if not already recorded. 3. The Second Party shall pay a sum of Rs.30,000/-(Rupees Thirty Thousand) only in cash to the first party on the date when first party starts construction of her house. 4. The Second Party shall provide required bricks for the construction of house of First Party. 5. The second party shall also provide GCI sheet in 30 numbers to the First Party for the construction of her house. 6. The Second Party shall provide required bricks and GCI Sheet in 30 numbers as and when First Party started construction of her house. 7. That both the parties have agreed to maintain a cordial relation with each other. 8. That both the parties shall abide by the terms and conditions of this deed of compromise and in case of violation of any terms and conditions, the aggrieved party can approach the appropriate forum. 9. That both the parties have signed this deed of compromise voluntarily, without any force, coercion or undue influence and after understanding the same in vernacular. We sign this deed of compromise on the date, month and year mentioned hereinabove in presence of the following witnesses: Witnesses: 1. Sd/- R.T.I. (Sarmila Chettri) (Man Kumari Sharma) Rangpo, E/S. First Party 2. Sd/- Sd/- Suresh, Sichey. We sign this deed of compromise on the date, month and year mentioned hereinabove in presence of the following witnesses: Witnesses: 1. Sd/- R.T.I. (Sarmila Chettri) (Man Kumari Sharma) Rangpo, E/S. First Party 2. Sd/- Sd/- Suresh, Sichey. (Munna Chettri) Second Party Sd/- (Shri Lal) Sd/- Sd/- B.N. Sharma, Advocate. 8/5/2014 Pema Ongchu Bhutia” 6. The appellant, Smt. Man Kumari Sharma as well as respondent No. 4, Smt. Munna Chettri and respondent No. 5, Shri Shree Lall Sharma, are present in person. They have admitted the contents of the Deed of Compromise to be true. They have also admitted their signatures on the Deed of Compromise. Parties have been identified by their respective counsel. 7. After considering the submissions of learned counsel for the parties, the application to dispose off the appeal is allowed. The appeal is disposed off in terms of compromise, which has been reproduced above. The Deed of Compromise will form part of this order. The impugned judgment and decree dated 12.08.2013 passed by District Judge, Special Division-II, at Gangtok, East Sikkim in Title Suit No. 04 of 2012, are modified to the above extent. 8. Parties are directed to bear their own cost.