RSA 830 of 2005 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. RSA 830 of 2005 Date of decision:21.2.2011 Balram Petitioner vs. Sawaran Singh and others Respondent Present: Mr. UK Agnihotri, Advocate. M.M.S.BEDI,J. The plaintiff- appellant has preferred this second appeal. The suit of the plaintiff for declaration and permanent injunction has been dismissed by courts below holding that the consent decree dated 22.11.1988 passed in civil suit No. 167 of 1998 titled as Balram vs Gurdev Singh etc. is not a valid document to transfer the property in favour of the palintiff- appellant. The mutation entries in favour of the defendant- respondents were challenged by the plaintiff on the basis of the said consent decree but the courts below have dismissed the suit of the plaintiff and a concurrent finding of fact has been arrived at to the effect that the consent decree will not defeat the rights of the defendant- respondents. The courts below have declined to recognize the collusive decree dated 22.11.1988 on the following grounds:- “ i) No effort has been made by the plaintiff- appellant to get the mutation of the suit land entered and sanctioned in his favour on the basis of the decree dated 22.11.1988. ii) The said decree was not acted upon by the plaintiff- RSA 830 of 2005 2 appellant himself. iii) The suit for challenging the mutation had been filed at a belated stage. iv) The jurisdiction of the civil court is barred regarding correction of entries in the record of rights, annual records or register of mutation. The courts below have rejected the transfer of rights on the basis of unregistered consent decree on the ground that the plaintiff had allegedly acquired rights in the property by virtue of a consent decree dated 22.11.1988 though he did not have any pre-existing right, as such, the decree required compulsory registration. In view of the concurrent finding of fact arrived at by the courts below pertaining to the decree, no ground is made out for interference. Dismissed. February 21 ,2011 ( M.M.S.BEDI ) TSM JUDGE