RSA No.2490 of 1999(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2490 of 1999(O&M) Date of decision: 1.12.2008 Amar Chand and others ......Appellants Versus Amandeep Singh and others ......Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. H.R. Bhardwaj, Advocate for the appellant. Mr. Jagmeet Singh, Advocate for the respondent. Rakesh Kumar Garg, J. CM No.11615-C of 2008 CM is allowed. Agreement dated 11.7.2008 is taken on record. RSA No.2490 of 1999 Vide CM No.11615-C of 2008, an agreement/compromise dated 11.7.2008 has been placed on record by the counsel for the appellant. It has been stated that the said agreement has been signed/thumb marked by all the parties to the dispute. According to this agreement, the parties have compromised. The dispute herein is with regard to the property which originally belongs to Amar Chand son of Sibia who is father of Banta Singh, Surjit Singh, Hari Singh (all the appellants) and grandfather of Amandeep Singh son of Karamjit Singh son of Amar Chand, Gurdip Singh son of Jagat Ram son of Amar Chand etc. Originally, plaintiff-Amandeep Singh had filed civil suit through his mother and natural guardian Smt.Hardip Kaur against Amar Chand and his sons Banta Singh, Surjit Singh, Jagat Ram and Hari Singh for a declaration that he is joint owner in possession of agricultural land measuring 135 kanals 17 marlas as described in the plaint situated in the RSA No.2490 of 1999(O&M) 2 revenue estate of village Bajroor, Tehsil Anandpur Sahib and the gift deed Ex.D2 executed by Amar Chand in favour of defendants No.2 and 3 regarding a portion of the suit land is illegal and without legal necessity. The said suit was decreed vide judgment and decree dated 12.9.1995 passed by the trial Court and it was also held that the plaintiff is joint owner in possession of disputed land measuring 135 kanals 17 marlas and his interest in it is equal to that of each of the defendants and that the gift deed dated 17.12.1991 Ex.D2 is illegal, null and void. The defendants had filed an appeal against the aforesaid judgment and decree of the trial Court which was dismissed by the District Judge, Rupnagar vide impugned judgment and decree dated 1.4.1999. The defendants then challenged the judgment and decree in this Court vide the instant appeal. During the pendency of this appeal, the parties have compromised vide aforesaid agreement dated 11.7.2008. In this agreement/compromise, it has been stated that the land of Amar Chand situated in village Bajroor measuring 135 kanals 17 marlas as stated above is the property of Amar Chand son of Sibia and he has five sons namely Banta Singh, Surjit Singh, Karamjit Singh, Jagat Ram and Hari Singh. He had executed gift deed for land measuring 27 kanals 1 marla in favour of his two sons Banta Singh and Surjit Singh comprised in Khasra Nos.59//19 (8-0)20(8-0) 63//9/1(5-6)12/3(2-12) and land measuring 2 kanals 1 marla being 2/3rd share of Khasra No.63//12/2(3-2) and land measuring 1 kanal 2 marlas being ½ share of Khasra No.237(2-4) situated at village Bajroor. Surjit Singh son of Amar Chand has died whose LRs are Harjinder Kaur widow and sons namely Pritpal Singh and Gurpreet Singh. Out of the five sons of Amar Chand, two sons namely Jagat Ram and Karamjit Singh have also died while Hari Singh is alive. He has not given any share out of his property to these three sons. Now, the RSA No.2490 of 1999(O&M) 3 parties have compromised and from his remaining land he has given them the properties of which they will the owners in possession. The gift deed for the land measuring 27 kanals 1 marla in favour of his two sons Banta Singh and Surjit Singh shall be kept intact which is acceptable to all the parties. Amar Chand has also given Khasra No.77//17 (06K-12M) and 10/44th share i.e land measuring 10 marlas out of Khasra No.237 (2K-4M) which is capable of Abadi to Banta Singh situated in village Bajroor and in this way he has been given his full share of which he will be the owner. Amar Chand has also given of Khasra No.77//24/1(5-8) and 20/75th share i.e. land measuring (1 kanal 0 marla) out of 14/2(3-15) to Pritpal Singh and Gurpreet Singh legal representatives of Surjit Singh and in this way their full share has been given of which they will be the owners. Hari Singh son of Amar Chand has been given land from remaining land in khasra Nos.59//13/2(4-9), 18/2(4-8), 32//14/2(6-0), land measuring 1 kanal 15 marlas being 1/3rd share in Khasra No.63//2/2(5-4) and 1 kanal 1 marla being 1/3rd share of Khasra No.63//12/2(3-2) and Khasra No.481(0-2) situated at village Bajroor to complete his share of which he will be the owner. Amar Chand has given total land comprised in Khasra Nos.32//3/3(1-14), 4/1(2-2), 7(8-0), 8/1 (1-16) and I Kanal 15 marlas being 1/3rd share of Khasra No.63/2/2(5-4), 1 kanal 11 marla being 31/75th share of Khasra No.77//14/2(3-15) and land measuring 1 kanal being 1/8th share of Khasra No.32//6(8-0) and 6 marla being 6/44th share in Khasra No.237 (2-4) which is capable of abadi situated at village Bajroor to his grandson Gurdip Singh son of Jagat Ram son of Amar Chand out of his remaining land to complete his share of which he will be the owner. Amar Chand has also given total land comprised in Khasra Nos.31//10/3(3-0), 32//15/1(4-18) and land measuring 7 kanals being 7/8th RSA No.2490 of 1999(O&M) 4 share of Khasra No.32//6(8-0) and land measuring 1 kanal 15 marlas being 1/3rd share of Khasra No.63//2/2(5-4) 1 kanal 4 marlas being 24/75th share of Khasra No.77//14/2(3-15) and land measuring 1 marla being 1/44th share of Khasra No.237(2-4) capable of Abadi has been given to his grandson Amandeep Singh son of Karamjit Sigh son of Amar Chand. He has also given 5/44th share of Khasra No.237(2-4) through registry and has completed his share of which he will be the owner. Amar Chand, Banta Singh, Hari Singh, Harjinder Kaur widow of Surjit Singh, Amandeep Singh son of Karamjit Singh son of Amar Chand and Gurdip Singh son of Jagat Ram son of Amar Chand have also made statements in this Court stating that agreement/compromise dated 11.7.2008 is correct and the same is acceptable to all and now, there remains no dispute between them. This agreement is taken on record as Mark CX . Statements of the aforesaid parties are also taken on record of the case as Mark CX-1 to CX-6. These persons have also agreed that Rs.1,00,000/- which was deposited in the Court of Additional Civil Judge (Sr. Division), Anandpur Sahib shall be payable to Amar Chand son of Sibia. The present appeal is disposed of in terms of agreement/compromise Mark CX and the statements mark CX-1 to CX-6 which shall form part of the judgment and decree. Parties shall be bound by the agreement and the statements made in the Court. As per agreement, a sum of Rs.1,00,000/- lying deposited in the Court of the Additional Civil Judge (Sr. Division), Anandpur Sahib, shall be released to Amar Chand-appellant. The parties shall be owners in possession of their respective shares as agreed upon. Decree-sheet be drawn accordingly. December 1, 2008 (RAKESH KUMAR GARG) ps JUDGE RSA No.2490 of 1999(O&M) 5