PREM PRAKASH CHAUDHARY Vs. RAJINDER MOHAN RANA

JUDGEMENT

(1.) The writ petition impugns the order dated 20 th November, 2007 of the Financial Commissioner, Delhi allowing the second appeal preferred by the respondents no.1 & 2 herein under Section 66 of the Delhi Land Revenue Act, 1954 (Revenue Act) against the order dated 20 th November, 1995 of the Additional Collector, Delhi dismissing the appeal of the respondents no.1 & 2 against the order dated 9 th June, 1995 of Tehsildar, Najafgarh, Delhi.

(2.) The factual matrix is not in dispute. The petitioners no.1 & 2 and the respondents no.1 & 2 are brothers; their father Sh. Siri Lal was Bhumidhar of agricultural land measuring 33 Bighas and 3 Biswas situated at Village Ghewra, Delhi; the said Sh. Siri Lal died on 8 th October, 1984 leaving the petitioners no.1 & 2 and the respondents no.1 & 2 as his only four male descendants; the said land was on 20 th March, 1985 accordingly mutated from the name of Sh. Siri Lal to the names of the petitioners no.1 & 2 and respondents no.1 & 2.

(3.) It is the case of the petitioners no.1 & 2 that there was in fact a family settlement on 26 th December, 1984 between the petitioners no.1 & 2 and respondents no.1 & 2 under which the land aforesaid was agreed to be divided into four parts with each of the four brothers taking possession of their respective portions of land and continuing so till the end of the year 1988 when the respondent no.2 tried to grab the share of the petitioners no.1 & 2; a suit for permanent injunction was filed in the Civil Court by the petitioners no.1 & 2 against the respondents no.1 & 2 pleading the family settlement of 26 th December, 1984 and seeking to restrain the respondents no.1 & 2 from selling, dispossessing or otherwise interfering in the land which had fallen to the share of the petitioners no.1 & 2. The said suit remained pending. It is not in dispute that the parties appointed Panchas to arrive at an amicable settlement and an award dated 14 th May, 1989 signed by all the four brothers was made by the said Panchas; thereafter the four brothers filed an application under Order 23 Rule 3 of the CPC in the civil suit aforesaid in which they admitted that the agricultural land aforesaid had been divided by them between themselves. The Civil Court where the suit was pending, on 3 rd August, 1989 recorded the statements of the parties in support of the compromise and dismissed the suit as compromised.