R.S.A. No. 3113 of 1997 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 3113 of 1997 (O & M) Date of decision:- 01.11.2011. Gian Chand ...Appellant Versus Brij Mohan ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Yogesh Kumar Sharma, Advocate for the appellant. Mr. B.R. Gupta, Advocate for the respondent. RITU BAHRI J.(Oral) The plaintiff has filed a suit for possession by way of partition of the property bearing House No.1276 situated in Chheta Bazar, Jagadhri. The case of the plaintiff was that the plaintiff and defendant have half share each in the property. The defendant contested the claim by stating that the property in dispute, which was joint between them was mutually partitioned in a family settlement, which took place in the year 1962-63. The plaintiff was given a Khola measuring 29'.5” x 77'.11” whereas Khola measuring 33'.11” x 44'.11” was given to the defendant. These areas have been depicted in the site plan (Ex.D62) filed by the defendant. After the said partition, the defendant and plaintiff are in occupation of their respective shares. The plaintiff wants to retreat from family settlement, which has attained finality between the parties. The trial R.S.A. No. 3113 of 1997 -2- Court framed the issues on 16.1.1992 and finding was given that the plaintiff had filed the joint possession of the property in dispute and the fact of family arrangement in the year 1962-63 was duly proved by defendant by leading the evidence. The plaintiff's suit was dismissed on 13.19.1994 by the trial Court. On appeal the Additional District Judge, Jagadhri accepted the appeal by reverting the findings on issue Nos.1 to 4, 6 and 7. The defendant filed the regular second appeal in this Court. During the pendency of this appeal the plaintiff and defendant died and their legal representatives brought on record. A compromise deed dated 11.9.2011 has been placed on record by way of filing civil miscellaneous application. The legal representatives of plaintiff Brij Mohan have admitted the legal representatives of defendant Gian Chand to be the absolute owners in possession of house measuring 33'-11” x 44'-11” bearing previous municipal No.1276 and present Municipal No.1225-E in the record of Municipal Committee, Jagadhri and situated in Chheta Bazar, Jagadhri. This portion has been shown as XDKL in green colour in the site plan Ex.D62 on the record of the abovesaid appeal. The legal representatives of plaintiff- Brij Mohan shall have no right, title, interest or concern at all with the said house and the legal representatives of defendant-Gian Chand shall be at liberty to use the same in any manner by selling, mortgaging or alienating the said house. Similarly, the legal representatives of defendant-Gian Chand admitted the legal representatives of plaintiff- Brij Mohan to be the absolute owners in possession of plot measuring 29'-5” x 77'-11” bearing previous municipal No.1389-B and present Municipal No.1225-F in the record of municipal Committee, Jaghri R.S.A. No. 3113 of 1997 -3- situated in Gomti Gali, Jagadhri. This portion has been described with letters GKMN in red colour in the site plan (Ex.D62). The plot, which fell into the share of Brij Mohan, was under the tenancy of Shri Satish Kumar @ Romi. The legal representatives of defendant-Gian Chand or their successors in interest shall have no right or interest in the abovesaid plot and the legal representatives of plaintiff-Brij Mohan shall be at liberty to use the same in any manner by selling, mortgaging or alienating the said plot. The contents of compromise Annexure C-1 have been duly accepted by both the parties. In view of the compromise effected between the parties, this appeal is allowed and the judgment of the trial Court is restored. This compromise Annexure C-1 will be the part of the decree of Trial Court dated 13.09.1994. November 01, 2011 ( RITU BAHRI ) Vijay Asija JUDGE