JYOTI PROVA DEKA Vs. DIGANTA DEKA

JUDGEMENT

(1.) Heard Mr. Z. Mukit, learned counsel for the appellants and Mr. Hrishikesh Deka, learned counsel for the respondent. The appellants and the respondent have jointly filed a compromise petition being I.A (C) No. 378/2019 for passing a compromise decree in terms of the settlement arrived at between the parties and laid down in agreement dated 21.12.2018. Accordingly, this Second Appeal is disposed of as prayed for by both the parties on compromise on the following terms and conditions :

(2.) That by virtue of this deed of settlement the second party No. 2 shall have the right to mutate his name in the record of rights in respect of the land described in the schedule "A" below and also the structure standing thereon as a joint owner having equal right, title nd interest with that of the fist party over the same. That apart the second party No. 2 having acquired the joint ownership over the schedule "A" land shall have every right to carry on his cycle business under the name and style of "Aditi Cycle Store" from the shop room standing over the schedule "A" land.

(3.) That, as regards the property under the deed of agreement dated 05.03.2014 and which is described in schedule "B" of this deed is concerned, it is hereby agreed that the first party shall have the right to have his name nominated as co-purchaser alongside the second party No. 2 and one Pulak Majumda at the time of execution and registration of the same deed. It is made clear that under the deed of agreement dated 05.03.,2014 the wife of the second party No. 2 along with one Pulak Majumdar had agreed to take 1 katha land each but now the same permission has been applied in the name of second party No. 2 and Sri Pulak Majumdar and in that way on nomination of the name of the fist party as a co-purchaser and on execution and registration of the sale deed the first party and the second party No. 2 would become joint owners of 1 katha of land without effecting the right of the other co- purchaser namely Pulak Majumdar. The cost of obtaining of he same permission and execution and registration of sale deed shall be borne proportionally by all the thee purchasers.