RSA No. 227 of 2002 20.8.2008 Present: Mr. Neeraj Gupta, Advocate for the appellant with Shri Sukh Dev-appellant in person. Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma, Advocate for the respondent with Shri Satinder Singh- respondent in person. CMP No. No. 665 of 2008 In sequel to order dated 11.8.2008, both the parties are present in person. This application has been preferred under Order 23, Rules 1 & 2 read with Section 151 of the Code of Civil Procedure jointly by the parties. The application is duly supported by affidavits of Shri Sukh Dev- appellant and Shri Satinder Singh-respondent. The terms and conditions of the settlement reproduced in this application read thus: “i) That the land in dispute is recorded against: Khasra No. 230 measuring 1 bigha 9 biswas, Khasra No. 231 measuring 11 bighas 14 biswas, Khasra No. 232 measuring 1-17 bighas, Khasra No. 357/236 measuring 4 bighas 11 biswas, Khasra No. 238 measuring 2 bighas, and Khasra No. 241 measuring 1 bigha 13 biswas, Total measuring 23 bighas 4 biswas, situate in Mauja Top Ki Bhear, P.O. Deothi, Tehsil and District, Solan, H.P. Out of the aforesaid land, respondent/defendant has agreed to give up his claim, over area of Khasra No. 231/1, measuring 12 biswas, Khasra No. 232 measuring 1 bigha 17 biswas and Khasra No. 357/236/1, measuring 2 bighas 11 biswas, kita 3, total measuring 5 bighas, situate at Mauja Top-Ki-Behar, Pargna Bohyali, Tehsil and District Solan, H.P. Since defendant has given up his claim over aforesaid land in favour of plaintiff/appellant, therefore, by virtue of this compromise hereinafter, plaintiff Shri Sukh Dev, son of Shri Pohlo Ram, shall be absolute owner in possession of this land, but defendant shall have no right, title and interest over it. ii) That according to the compromise, appellant/plaintiff-Sukh Dev, do hereby admit that defendant-Shri Satinder Singh is absolute owner in possession of land as entered against Khasra No. 230 measuring 1 bigha 9 biswas, Khasra No. 231/2 measuring 11 bighas 2 biswas, Khasra No. 238 measuring 2 bighas, Khasra No. 241 measuring 1 bigha 13 biswas and Khasra No. 357/236 measuring 2 bighas, total measuring 18 bighas 4 biswas. iii) That the plaintiff/appellant admit absolute ownership and possession of defendant-Satinder Singh over aforesaid land measuring 18-4 bighas and neither plaintiff shall hereinafter, set up any claim over this land nor will he interfere with ownership and possession of the defendant. Similarly, defendant/respondent having given up his claim over aforesaid 5 bighas of land and he having admitted plaintiff-Shri Sukh Dev Singh as owner in possession of this land, therefore, he will not interfere with the ownership and possession of the plaintiff. iv) That the details of the aforesaid land is contained in the jamabandi with respect to aforesaid land for the year 2003-04 against Khata Khatauni No. 1/1 and the spot-map of the aforesaid area (Tatima) is also being filed with this application. v) That entries in revenue record shall be got changed and incorporated by the parties and either of them can get necessary entries changed in the revenue record on the basis of this compromise and the Revenue Officer shall be competent to change the entries in the revenue record on the basis of this compromise even in the absence of either party or both. vi) That the litigation between the parties was going on since 1990 and therefore, they have decided to settle dispute by way of this compromise. They have agreed that they shall remain bound by it and shall not interfere with ownership and possession of aforesaid land in any manner. Hence, parties may be declared owners in possession of respective plots as fully detailed above. Parties have agreed to remain bond by this compromise and they undertake to this Hon’ble Court not to violate and dis-obey terms and conditions of this compromise.” The statement of applicant-Shri Sukh Dev has been separately recorded on oath. The statement of Shri Satinder Singh-respondent- defendant was separately recorded on oath. In view of the contents of the application and the statements of the parties separately recorded, the judgments and decrees passed by both the Courts below are set aside. The applicant-plaintiff is held entitled to 5 bighas of land comprised in Khasra No. 231/1, measuring 12 biswas, khasra No. 232 measuring 1 bigha 17 biswas and Khasra No. 357/236/1, measuring 2 bighas 11 biswas, kita-3, total measuring 5 bighas, situate at Mauja Top-Ki-Behar, Pargana Bohyali, Tehsil and District, Solan, H.P., as mentioned in sub para (i) of para 2. The suit qua remaining suit land filed by the plaintiff is dismissed. Defendant is declared to be owner of the remaining suit land. Ext. C1, Ext. C2 and Ext. C3 shall form integral part of the decree. The parties shall abide by the terms and conditions of the compromise. The revenue agencies are directed to initiate and complete the process of altering/varying the revenue entries on the basis of the compromise arrived at between the parties within eight weeks from today. Decree be prepared accordingly. (Rajiv Sharma), J. August 20, 2008. (cr)