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2019 DIGILAW 47 (HP)

Nitish Kumar v. Daya Singh

2019-01-04

TARLOK SINGH CHAUHAN

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JUDGMENT Tarlok Singh Chauhan, J. - It is heartening to note that with the intervention of the learned Mediator Shri G.D. Verma, Senior Advocate, of this Court, and with the active assistance of Shri Ram Singh Negi and the learned counsel for the parties, an amicable settlement has been brought about. As regards this dispute, the same has been compromised on the following terms and conditions:- "1. That Sh. Nitish Kumar will get half share in the land comprised of Khata Khatoni No. 69/121 kita 6 measuring 0-51-06 Hc. situated in Mohal Thawaring, Tehsil Moorang, District Kinnaur, H.P. and rest of the half share will go to Sh. Maya Shankar in said Khata number. 2. That Sh. Nitish Kumar Negi will also get 1/3rd share in land comprised of Khata Khatoni Number 72/124-126, kita 8 measuring 0-24-47 Hc, situated in Mohal Thawaring, Tehsil Moorang, District Kinnaur, H.P. and 1/3rd share will go to Maya Shankar and remaining 1/3 share will go to Sh. Medub Chhetan, Nargu Gialchhen and Sh. Kundan Lal in equal proportion. 3. That in land comprised of Khasra No. 1331/1307/698/1, 1331/1307/698/2, 1331/1307/698/3, 1331/1307/698/4, measuring 0-39-59 Hc, situated in Mohal Thawaring, Tehsil Moorang, District Kinnaur, H.P. is allotted to the extent of 1/4th share belongs to Sh. Nitish Kumar Negi, 1/4th share to Sh. Maya Shankar and share is owned and possessed by Smt. Tanzin Jangmo. 4. That besides the landed property Sh. Nitish Kumar shall also be entitled to get whole of the old house situated in Mohal Thawaring, Tehsil Moorang, District Kinnaur, H.P. which is in possession of Sh. Maya Shankar and Sh. Maya Shankar will be entitled to get whole new house situated in apple orchard in Mohal Thawaring, Tehsil Moorang, District Kinnaur, H.P. 5. That out of the land allotted to Sh. Nitish Kumar by virtue of this compromise, he will give 10 Biswas of land to Maya Shankar, as soon as the mutation is attested in favour of Nitish Kumar. This 10 Biswas of land which is to be given by Nitish Kumar to Maya Shankar is already in possession of Maya Shankar. 6. That all parties have settled all the disputes finally and all disputes pending before any court of law shall come to end on the production of the copy of this compromise deed between the parties. 7. This 10 Biswas of land which is to be given by Nitish Kumar to Maya Shankar is already in possession of Maya Shankar. 6. That all parties have settled all the disputes finally and all disputes pending before any court of law shall come to end on the production of the copy of this compromise deed between the parties. 7. That all the parties stated above shall withdraw their cases pending before any court of law on the basis of this compromise and there shall be no further litigation between the parties with respect to said property. It is also settled that all rituals, obligations of Deity Kuldeo Sung shall be performed by Sh. Nitish Kumar. 8. That the parties have agreed to live in peace and harmony and no party, their administrators, executors, assignees or legal heirs of any of the above parties will dispute this compromise in future. 9. That RSA 542 of 2018, titled as Nitish Kumar versus Daya Singh will be disposed of in terms of this compromise and this compromise shall form a part of the Decree and the parties will be bound by the terms thereof and the same will be implemented in the revenue record." 2. Consequently, the judgments and decrees passed by the learned Courts below are modified to the extent that the suit filed by the plaintiff now shall be deemed to have been decreed in terms of the compromise and the compromise shall form part and parcel of the decree. It is further made clear that in case of non-adherence or violation of any of the terms and conditions of the compromise, it shall be open to the aggrieved party, irrespective of, whether he is appellant or the respondents, to approach the Court for execution of this compromise decree. 3. The appeal as also the cross objections is disposed of in the aforesaid terms. Parties are left to bear their own costs. All pending applications, if any, also stand disposed of.