BINA DEVI Vs. SURAT NIRMAL DASS

JUDGEMENT

(1.) Suit No. 200/1999 was filed by Manshya Ram Nirmal Dass against his brother Surat Nirmal Dass seeking possession and recovery of damages in respect of flat No.A-13/32-A, Kalkaji Extension, New Delhi (in short the suit flat). Manshya Ram claimed in the suit that the flat was allotted to him under MIG category in the draw of lots held on 20th March, 1984 by the DDA. The total cost of the flat was paid by Manshya Ram in four installments. When the possession of flat was taken, parents of Manshya Ram were residing with Surat Nirmal Dass his younger brother at a rented accommodation in East of Kailash. The parents of Manshya Ram expressed their desire to live in the suit flat and since at that time Manshya Ram did not have the urgent need of the suit flat his parents and Surat shifted to the suit flat. As against the rent it was agreed that Surat would deposit the monthly installments of the suit flat with the DDA. However, Surat did not deposit the installments and Manshya Ram had to deposit the same. The parents of Manshya Ram and Surat expired in the year 1993 and thereafter Surat was residing in the suit flat. Since Surat was not depositing the installments with the DDA, Manshya Ram asked him to hand-over the vacant peaceful possession of the suit flat for which a notice dated 18th April, 1994 was also served. Since Surat had no right, title or interest in the suit flat and had a plot measuring 200 sq.yds. bearing No.E-145 Masjid Moth, Greater Kailash II he was asked to shift to his own house and vacate the premises of Manshya Ram.

(2.) During the pendency of the civil suit Manshya Ram and Surat entered into a settlement and an application under Order 23 Rule 3 read with Section 151 CPC was filed. In the application it was stated that parties have settled their disputes by mutual compromise and they want that the suit may be decided and a decree be passed in the terms of the said compromise. The terms of compromise between the parties were:

(3.) In the application it was further stated that the compromise was arrived between the parties of their own free will and without any coercion and thus a prayer for the suit to be decreed in terms of the compromise was made by both the parties. Statements of both Manshya Ram and Surat were recorded who endorsed the terms of compromise mentioned in the application, proved their signatures and that the compromise was executed without any force. Vide order dated 4th March, 1999 the suit was disposed of as under: