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2011 (7) Supreme 345
SUPREME COURT OF INDIA
P. Sathasivam and Jasti Chelameswar, JJ
Jaswant Singh — Appellant (s)
versus
Gurdev Singh & Ors. — Respondent(s)
Civil Appeal Nos. 8879-8880 of 2011
(Arising out of SLP (C) Nos. 2708-09 of 2008
Decided on : 21-10-2011
(b) Civil Procedure Code, 1908 ¯ Order 23, Rule 3 ¯ Compromise after decree merges into the decree, becomes a public document in terms of Section 74, Evidence Act. (Para 9)
(c) Indian Evidence Act, 1872 ¯ Sections 74 and 77 ¯ Certified copy of the public document prepared under Section 76 of the Act is admissible in evidence under Section 77 of the said Act ¯ A certified copy of a public document is admissible in evidence without being proved by calling witness. (Para 9)
(d) Indian Evidence act, 1872, Section 78 ¯ When a certified copy of a public document is produced before the Court, there is presumption as to the genuineness of such certified copy under Section 78 of the Act. (Para 9)
Facts of the case
Appellant filed civil suit No. 3 of 1997 for declaration that he was owner and in possession of suit land and for correction of the revenue entries as respondents wrongly shown as owners of the land ¯ Appellant alleged title to suit on the basis of Will executed owner one HS on 5.12.1971, who died on 6.12.1972 ¯ Earlier on 5.6.1972 the appellant had filed civil suit seeking injunction against on AK and others who were interfering with appellant’s possession over suit land, the parties had entered into compromise on 27.11.1972, the suit was decreed on 8.12.1972, and mutation was sanctioned in appellant’s favour, possession was delivered to the appellant and he had been in possession since 16.2.1973 ¯ Respondent no. 1 had also filed civil suit in the year 1998 145 of 1998, claiming share in the property of owner HS ¯ Both the suits were clubbed together, the appellant’s suit was decreed while that of the respondent was dismissed ¯ In appeal the Additional District Judge set aside the judgment and order dated 20.04.2001 passed by the Trial Court and allowed the appeal filed against Civil Suit No. 3 of 1997 to the extent that appellant is the owner of 8 acres of land and in possession of 4-1/2 acres of land at village Simbli, in view of compromise dated 27.11.1972 ¯ Appellant filed appeal before Punjab and Haryana High Court which dismissed the appeal ¯ Hence appellant filed appeals by way of Special appeal before the Supreme Court ¯ The Supreme Court dismissed the appeals and upheld the judgment and decree passed by the Courts below.
Findings
The judgment and decree passed by the lower appellate Court as affirmed by the High Court is based upon proper appreciation of the terms of compromise entered into between the parties, the Supreme Court did not find any illegality or irregularity for interference.
JUDGMENT
P. Sathasivam, J.
1) Leave granted.
2) These appeals are filed against the common final judgment and order dated 24.09.2007 passed by the High Court of Punjab & Haryana at Chandigarh in Regular Second Appeal (RSA) Nos. 4473 and 4776 of 2004 whereby the High Court dismissed both the appeals filed by the appellant herein.
3) Brief facts:
a) Jaswant Singh-appellant herein filed a Civil Suit being No. 3 of 1997 in the court of Civil Judge, (Jr. Division) Hoshiarpur for declaration to the effect that he was the owner and in possession of land measuring 101 kanals 16 marlas situated in village Simbli, H.B. No. 272, Tehsil and District Hoshiarpur and for correction of the revenue entries in Column No. 4 of Jamabandi Register wherein the respondents herein had been wrongly shown to be the owners. It was claimed in that suit that one Shri Hazara Singh, s/o Shri Nihal Singh was the owner of the properties in village Simbli, Bajraur and Chabbewal and after his death on 06.12.1972, by virtue of a Will dated 05.12.1971, he transferred his properties in favour of the appellant herein and the names of the respondents mentioned in the Jamabandi Register were wrong, illegal and liable to be corrected.
b) Even as early as on 05.06.1972, a civil suit was filed by the appellant herein in the court of sub-Judge, First Class, Hoshiarpur seeking permanent injunction against one Amar Kaur and others restraining them from interfering in the land situated in Simbli. During the pendency of the suit, the parties entered into a compromise dated 27.11.1972 and on that basis the suit was decreed on 08.12.1972 and Mutation No. 1536 was sanctioned in favour of the appellant herein with respect to 12-1/2 acres of land and the same was delivered to him which he had been in possession since 16.02.1973. Respondent No. 1 herein and others considered Jaswant Singh to be the owner of 8 acres and regarding the remaining 4-1/2 acres of land, he was considered to be in mere permissive possession as it was given to him in lieu of his father’s share in village Simbli, Chabbewal and Bajrawar for the purposes of cultivation only. The appellant took various steps to change the names in the revenue entries but during this whole period, the revenue entries remained unchanged in the name of Hazara Singh and hence the appellant herein filed civil suit for correction of those entries in Jamabandi.
c) Gurdev Singh-Respondent No. 1 herein, s/o Shri Karnail Singh filed a civil suit being RBT CS No. 145 of 1998 in the same Court and the matter was clubbed with Civil Suit No. 3 of 1997 alleging therein that he was co-sharer in 1/4th share of land of Hazara Singh in village Simbli, = share in village Chabbewal and 1/4th share in village Bajraur as Hazara Singh was brother of their grand father. Vide order dated 20.04.2001, the civil Judge decreed the suit filed by Jaswant Singh-appellant herein and dismissed the suit filed by Gurdev Singh-Respondent No. 1 herein.
d) Aggrieved by the order dated 20.04.2001, Respondent No. 1 herein filed RBT Civil Appeal Nos. 68 & 75 of 07.06.2001/04.06.2004 before the court of Additional District Judge (Ad-hoc), Fast Track Court-II, Hoshiarpur. Vide order dated 28.09.2004, the Additional District Judge set aside the judgment and order dated 20.04.2001 passed by the Civil Judge (Jr. Division), Hoshiarpur and allowed the appeal filed against Civil Suit No. 3 of 1997 to the extent that Jaswant Singh-appellant herein is the owner of 8 acres of land and in possession of 4-1/2 acres of land at village Simbli, in view of compromise dated 27.11.1972. Feeling aggrieved, Jaswant Singh-appellant herein filed RSA Nos. 4473 and 4776 of 2004 before the High Court of Punjab & Haryana at Chandigarh whereby vide common judgment and order dated 24.09.2007, the High Court dismissed both the appeals. The said order is under challenge before this Court in these appeals by way of special leave.
4) Heard Mr. A.V. Palli, learned counsel for the appellant and Shri Chin
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