Bhagwat Prasad Gupta vs Shri Kishan Meena

H.R. Panwar, J.—Plaintiff-petitioner Bhagwat Prasad Gupta and defendant-respondent Shri Kishan Meena are present in the Court.

Learned Counsel for the petitioner submits that parties have compromised the matter and the revision petition be disposed of as having been compromised.

By an application, the plaintiff-petitioner seeks to take on record the compromise. In paras 1 and 2 of the compromise, factual background of the case has been narrated.

Counsel appearing for the respondent submits that para 2 of the compromise is not relevant for the controversy raised in the case, however the averments made in para 3 of the compromise has been accepted and admitted by the defendant-respondent as well as his Counsel.

In para 3 of the compromise, it has been stated that the matter has been amicably settled and as per the amicable settlement arrived at between the parties, the plaintiff-petitioner has paid Rs. 90,000/ to the defendant-respondent. Out of Rs. 90,000/- a sum of Rs. 50,000/-have been paid in cash by the plaintiff-petitioner and the remaining Rs. 40,000/- way of a cheque bearing No. 867703 of S.B.B.J. Branch, Sawai Madhopur.

The respondent and his Counsel admit that the respondent has received Rs. 90,000/- as stated in the compromise, the defendant-respondent agreed that he will not claim any right, title or interest in the disputed property and admits that the disputed property plot No. 51 situated at Village Saloda, Tehsil Gangapurcity of Khasra No. 3 measuring 40X30 ft. is owned and possessed by the plaintiff-petitioner and the defendant-respondent neither has any right, title or possession nor shall claim any right, title or possession in future over the said plot.

Counsel for the parties submits that the defendant-respondent earlier came in possession of the said plot, however thereafter the defendant-respondent in view of the amicable settlement and the compromise arrived at between the parties, handed over the vacant possession of the plot No. 51 situated at Village Saloda, Tehsil Gangapurcity to the plaintiff-petitioner Bhagwat Prasad Gupta. In the instant case a suit was filed u/s 6 of the Specific Relief Act by the petitioner-plaintiff against the defendant-respondent which came to be dismissed.

Since the parties have compromised the matter and the compromise has been filed stating the facts stated above, in this view of the matter, the order of the trial Court dated 19.07.2001 is set-aside and the suit filed by the plaintiff-petitioner against the defendant-respondent is decreed holding the plaintiff- petitioner owner and in possession of plot No. 51 situated at Village Saloda, Tehsil Gangapurcity and since the parties have compromised the matter and possession has already been handed over to the plaintiff-petitioner, the matter is decreed in terms of the compromise with no order as to costs.