Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Ram Kumar Shokeen - Appellant
Versus
Rajpal Shokeen & Anr. - Respondents
Civil Suit (OS) No. 213 of 2019
Decided On : 02-12-2021
Partition - Compromise Deed - The court allowed the joint application for passing the decree of partition in view of the compromise deed dated 17.11.2021 and site plans. The suit was decreed in terms of the compromise deed, and the parties were bound by its terms.
Fact of the Case:
The plaintiff filed a suit seeking partition of immovable property and permanent injunction. The parties, who were real brothers and joint owners of the properties, mutually settled their disputes, and the terms of the settlement were incorporated in a compromise deed dated 17.11.2021.
Finding of the Court:
The court found that the parties had amicably settled their disputes and decreed the suit in terms of the compromise deed dated 17.11.2021. The court also noted that the parties would remain bound by the terms of the compromise deed.
Issues: The main issue was the partition of the immovable property and the settlement of disputes between the joint owners.
Ratio Decidendi: The court's decision was influenced by the valid and lawful nature of the compromise deed dated 17.11.2021, which was found to be in accordance with the terms of settlement between the parties.
Final Decision: The present suit was decreed in terms of the compromise deed dated 17.11.2021, and the parties were bound by its terms.
JUDGMENT
Suresh Kumar Kait, J. - I.A.15848/2021
1. Joint application has been filed on behalf of plaintiff and defendant nos.1 & 2 under Order XXIII Rule 3 read with Section 151 CPC for passing the decree of partition in view of the compromise deed dated 17.11.2021 along with site plans annexed thereto.
2. Learned counsel for the plaintiff submits that the dispute between the parties has been amicably settled and prays that the decree in terms mentioned in compromise deed dated 17.11.2021 with site plans be issued.
3. In view of the submission of counsel for the plaintiff, application is allowed and disposed of.
4. Accordingly, compromise deed dated 17.11.2021 along with site plans be taken on record.
CS(OS) 213/2019
5. The present suit has been filed by the plaintiff seeking partition of immoveable property under the Partition Act, 1893 and permanent injunction under Section 38 of the Specific Relief Act, 1963.
6. The plaintiff and defendants are real brothers and are joint owners of the following suit properties:-
i. The constructed property upon the land admeasuring 927 sq. yds in Khasra No.251-252, Mohalla Pachaya, Near MCD School, Village Chhawla, New Delhi-110071.
ii. The double storey constructed property upon the land admeasuring 199.45 sq. yards in Mohalla Pachaya in Village Chhawla, New Delhi-110071.
iii. The constructed property upon the land admeasuring 81 sq. yards in Mohalla Pachaya in Village Chhawla, New Delhi- 110071.
7. This court is informed that the parties have mutually settled their disputes and the terms of the settlement have been incorporated in compromise deed dated 17.11.2021, which is duly signed by both the sides/parties. The aforesaid compromise deed dated 17.11.2021 has come on record along with site plans.
8. Learned counsel for the plaintiff submits the terms of settlement are incorporated in the aforesaid compromise deed dated 17.11.2021 read with site plans and the present suit be decreed in terms thereof.
9. Learned counsel appearing on behalf of defendants submit that defendants undertake to abide by the terms of aforesaid compromise deed dated 17.11.2021 along with site plans.
10. This Court has gone through the contents of the mediated compromise deed dated 17.11.2021 and find it to be valid and lawful.
11. Accordingly, the present suit is decreed in terms of compromise deed dated 17.11.2021 read with site plans, which shall form part of decree. Decree sheet be accordingly drawn.
12. Needless to say, parties shall remain bound by the terms of the compromise deed dated 17.11.2021 read with site plans.
13. In view of above, present suit is accordingly disposed of.
The central legal point established in the judgment is the validity and binding nature of the compromise deed in settling disputes and passing the decree of partition.
A compromise deed can resolve disputes over joint ownership, and courts will enforce valid agreements between parties.
In partition suits, a compromise among co-owners is valid even in the presence of third-party claims, provided it does not extinguish their rights.
Parties can mutually resolve property disputes through documented settlements, leading to a preliminary partition decree sanctioned by the court.
When they are not shown to be in any manner perverse, illogical and irrational, resultantly, the substantial questions of law formulated are accordingly answered infavour of the plaintiff and against....
The main legal point established in the judgment is the value of family arrangements in resolving disputes and bringing harmony in the family, and the finality of settlements made with the consent of....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
