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Kapur Singh and ors. Vs. Devinder Singh and anr. - Court Judgment

SooperKanoon Citation

Subject

Property

Court

Supreme Court of India

Decided On

Judge

Reported in

1980Supp(1)SCC321; 1981(13)LC14(SC)

Appellant

Kapur Singh and ors.

Respondent

Devinder Singh and anr.

Excerpt:


.....be cut or tempered with by appellant - settlement embraces all claims of parties in respect of property in dispute including those relating to mesne profits. - aided educational institutions: [dr. arijit pasayat & a.k.ganguly, jj] orissa education (recruitment & conditions of service of teachers & members of the staff of aided educational institutions) rules, 1974 - staff strength yardsticks for determination of circulars dated 8.7.1981 and 27.3.1992 issued under orissa rules of 1974 yardstick for determination of staff strength of peons - whether fourth peon could be appointed in lieu of daftry, on attaining prescribed roll strength? held, the circulars permitted creation of a post of daftry and not peon. fourth peon could not therefore be appointed in place of daftry. however, on attaining the requisite roll strength, one peon had to be promoted as daftry, which would give rise to resultant vacancy of peon against which respondent could be considered for appointment......with no order as to costs.(3) if the amount mentioned in term no. 1 is not paid on or before the due date, the appeal shall stand accepted with no order as to costs, the decree passed by the high court in favour of respondent no. 1 shall stand reversed and the suit shall stand dismissed with the result that the appellants shall be entitled to retain the land in dispute as owners.(4) if the amount is paid as per term no. 1, but the possession of the land is not delivered by the appellants to respondent no. 1 as stipulated, he shall be entitled to obtain such posses sion immediately through execution and in that event, such possession shall be delivered to him along with any crop stand ing on the land.(5) whatever trees are standing on the land today shall not be cut or tempered with by the appellants.(6) after respondent no. 1 has obtained possession of the land either through the commissioner appointed by the court for the purpose or through execution, the appellants shall be come entitled to withdraw the amount deposited as per term no. 1.(7) the appellants shall give an undertaking to the court within 14 days from today that they shall hand over the possession of the land.....

Judgment:


A.D. Koshal, J.

1. After we had heard learned Counsel for the parties at length, they arrived at a settlement of which the terms are as follows :

(1) Respondent No. 1 shall deposit Rs. 30,000 with the trial court on or before May 31, 1981 for payment to the appellants and shall also file simultaneously an application praying to that Court for the appointment of a Commissioner who shall have the possession of the land decreed by the first appellate court delivered by the appellants to Respondent No. 1 on a day to be fixed by that Court, such date not being later than the 15th of June, 1981.

(2) On compliance being made with term No. 1, the appeal shall stand dismissed with no order as to costs.

(3) If the amount mentioned in term No. 1 is not paid on or before the due date, the appeal shall stand accepted with no order as to costs, the decree passed by the High Court in favour of respondent No. 1 shall stand reversed and the suit shall stand dismissed with the result that the appellants shall be entitled to retain the land in dispute as owners.

(4) If the amount is paid as per term No. 1, but the possession of the land is not delivered by the appellants to respondent No. 1 as stipulated, he shall be entitled to obtain such posses sion immediately through execution and in that event, such possession shall be delivered to him along with any crop stand ing on the land.

(5) Whatever trees are standing on the land today shall not be cut or tempered with by the appellants.

(6) After respondent No. 1 has obtained possession of the land either through the Commissioner appointed by the Court for the purpose or through execution, the appellants shall be come entitled to withdraw the amount deposited as per term No. 1.

(7) The appellants shall give an undertaking to the Court within 14 days from today that they shall hand over the possession of the land decreed by the High Court voluntarily on or before June 15, 1981, when the Commissioner goes to the land for the purpose.

(8) If respondent No. 1 has already deposited any amount in the Court for payment to the appellants (such amount is stated to be Rs. 7,000), he shall be deemed to have done so in part payment of the amount of Rs. 30,000 and shall be required to deposit only the balance of the amount last mentioned as per term No. 1.

(9) This settlement embraces all claims of the parties in respect of the property in dispute including those, relating to mesne profits etc.




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