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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Ram Kumar Shokeen - Appellant
Versus
Rajpal Shokeen - Respondent
CS(OS) 213 of 2019
Decided On : 02-12-2021
Important Points
Subject
Property Law - Partition
Headnote
(B) The court emphasized the binding nature of the compromise deed entered into by the parties and reiterated that both sides are obliged to adhere to the agreed terms. (Paras 12-13)
Facts of the case:
The plaintiff filed for partition and injunction concerning joint ownership of several immovable properties. The parties reached an amicable settlement through a compromise deed dated 17.11.2021.
Findings of Court:
The suit was decreed in accordance with the terms of the compromise deed, indicating that it is a valid resolution of the dispute.
Issues: The main issue was whether the compromise deed is valid and can form the basis for a decree of partition.
Ratio Decidendi: The court held that the compromise deed was both valid and lawful, providing a lawful resolution to the disputes.
Result: The suit is decreed in terms of the compromise deed.
JUDGMENT (Oral)
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.
