IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. RSA No. 600 of 2000 Date of Decision : January 4, 2008 Kalyan Singh …Appellant. Versus: Sagli Ram and others …Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No For the appellant : Mr. Sanjeev Kuthiala, Advocate. For respondents 1 & 2 : Mr. H. K. Bhardwaj, Advocate. Sanjay Karol, J. (Oral) On 2nd November, 2007, the parties had compromised the matter and had made the following statement on oath:- “We have settled the dispute and we have entered into a compromise in the following terms: 1. The suit land comprised in Khasra No. 55 and 56 situate in village Loharli Uperli, Tehsil Amb, District Una be got demarcated by the Settlement Officer, Dharamshala, and his report shall be 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 conclusive and binding on the parties and under no circumstances the same shall be assailed. 2. The demarcation shall be carried out by the Settlement Officer on the basis of record prepared during the consolidation including the record prior to consolidation. 3. The Settlement Officer shall carry out the demarcation, with respect to aforesaid Khasra numbers in the presence of the parties. 4. The Settlement Officer shall summon the relevant revenue record including the record of village Kuthera Jaswalan and village Loharli for the purpose of carrying out the demarcation. The demarcation shall be carried out strictly in accordance with the High Court Rules and Orders and instructions issued by the Financial Commissioner from time time. 5. The Settlement Officer shall submit his report within six weeks from the date of the receipt of the order, to this Court. 6. All proceedings initiated by the respective parties against each other qua the suit land other than the present proceedings shall be deemed to be withdrawn with immediate effect.” Pursuant to the said compromise, vide orders dated 2.11.2007, the Settlement Officer, Dharamshala was directed to visit the spot and carry out the demarcation in the presence of the parties. His report dated 27.12.2007 has been taken on record. Jamabandi (revenue record) and also the statement of appellant Kalyan Singh and Smt. Saroj Devi General Power of Attorney and wife of respondent Sagli Ram forms part of the 3 said report. The report has been prepared in accordance with the law and in the presence of the parties and to their satisfaction. In view of the compromise arrived at between the parties, the said report is conclusive and thus binding on the parties. Even today the correctness of the report is not disputed. Keeping in view the compromise arrived at between the parties, the present appeal accordingly stands disposed of as such. Since 1992, the parties had been litigating over a single mango tree. This Court had directed that periodically the sale proceeds of the mango tree be deposited in the Registry of this Court. The dispute, however, has arisen with regard to the sharing of the said sale proceeds. Perusal of the statements of Shri Kalyan Singh and respondent’s GPA Smt. Saroj Devi, forming part of the report would show that Shri Kalyan Singh has not mentioned anything with regard to the mango tree whereas Smt. Saroj Devi has categorically stated that the mango tree does not fall within khasra Nos. 1104 & 1105 (old) and khasra Nos. 55 & 56 (new). The statement recorded on the spot, by the Settlement Officer was not disputed by Shri Kalyan Singh. Therefore, the mango tree falls under the ownership of the respondents and not the appellant. In the present appeal, both the Courts below have concurrently recorded the findings of fact and rejected the claim 4 of the appellant with regard to his claim on the mango tree. Keeping in view the aforesaid circumstances, it is held that the respondents shall be entitled to the sale proceeds periodically deposited in the Registry of this Court and the same shall be released to them. Appeal is disposed of accordingly. Pending applications, if any, also stand disposed of. January 4, 2008. (Sanjay Karol) (rana) Judge.