SUPREME COURT OF INDIA

Before:- S.B. Majmudar and U.C. Banerjee, JJ.

Civil Appeal No. 7273 of 1999 (Arising out of S.L.P (C) No.13287 of 1999). D/d. 14.12.1999.

Anil Kumar - Appeallant

Versus

Surinder Kumar - Respondent

Civil Procedure Code, 1908, Order 23 Rule 3 - Compromise - Parties arriving at a compromise during the pendency of civil appeal - Terms of the compromise duly agreed and signed by the parties - Decree passed in terms of the compromise deed, granting 6 months time to hand over vacant and peaceful possession.

[Paras 7 and 8]

Order

Leave granted

2. We have learned Counsel for the parties finally in this appeal .

3. There is happy development in this appeal. The parties , who are brothers, have seen their way out and have compromised the matter .

4. The Consent Terms are duly signed by the wife of the appellant, who is the power of attorney holder of the Appellant, and also by the Respondent. Both of them are present before us. The Consent Terms are also signed by the learned Consel for the present before us. The Consent Terms are also signed by the learned Counsel of the respective parties and are taken or record . We accept these Consent Terms and the undertakings filed by the respective parties. They will be bound to comply with these undertakings as mentioned in the Consent Terms.

5. The Impugned order of the High Court and the judgments of the trial Court as well as of the 1st Appellate Court are set aside and there will be an order in terms of the compromise Deed as filed in these proceedings before us today.

6. As per paragraph 3 of the Compromise Deed the parties have left to us the question

of granting time to the appellant to vacate the premises and deliver vacant and physical possession of the entire rear portion ground floor and first floor of the rear portion

7. Considering the facts and circumstances of this case, especially when the appellant is staying with his family in the rear portion since last two decades, We deem if fit to grant the Appellant time upto 30th June 2000 to hand over vacant and peaceful possession of the entire rear portion i.e., the ground floor and the first floor of the rear portion of the Suit to the Respondent .Appropriate undertaking to hand over vacant and peaceful possession by 30th June 2000 Shall be filed by the appellant by tomorrow, the 15th December 1999. Subject to this grant of time the Consent Terms will stand accepted . There shall be a decree in terms of the Consent Terms.

8. The Civil Appeal is disposed of accordingly. No costs .

COMPROMISE DEED.

MOST RESPECTFULLY SHOWETH:-

1.That this compromise has been today entered into between Shri Anil Kumar son of Shri jai Kishan Dass, resident of H.No.-B-II/60. old Subzi Mandi, Yamunanagar through his Special Power of Attorney - Smt. Rekha Aggarwal - Petitioner in this matter and shri Surinder Kumar son of Shri jai Kishan Dass, resident of H.No .8, Ram Bagar, Gobindpuri, Yamunanagar - Respondent .

2. That this compromise is in terms of compromise 24.4.1999 entered into between by the parties and filed on record of the trial Court. This is on record of the SLP paper Book as Annexure R-1/2 pages 45-48. the map referred to in this compromise is also attached here with

3. That the first party, namly, shri Anil Kumar, through his Special power of Attorney, Smt. Rekha Aggarwal exercise the option to opt for the first kura as mentioned in the above - mentioned compromise dated 24.4.1995. First party undertakes before this Hon'ble court to carry out all terms and conditions attached with this exercise of option for the first kura. Except that the first party undertakes before this Hon'ble Court to deliver vacant and physical possession of the entire rear portion i.e ground floor and first floor of the rear portion within time to be fixed by this Hon'ble Court.

4. That option upon exercise of option for the first kura, first party undertakes to construct the wall in terms of the sail compromise date 24.4.1995.

5. That second party will be entitled to withdraw Rs. 35,000/- - deposited by his on 16.8.1995 before the trial Court.

6. That as first party has exercised the first option, the cheque towards rent from the tenant on the ground floor in the front portion would now be taken in the name of the first party i.e. Shri Anil Kumar w.e.f. the date from which the first party becomes the exclusive owner of the entire front portion.

In witness whereof, parties have signed this compromise deed .

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