OM PARKASH MALHOTRA Vs. CHAND RANI

JUDGEMENT

(1.) PLAINTIFF -respondent Chand Rani Sharma filed a suit for possession and claimed a portion of the property bearing Municipal No. 5615/1, 5615/A-1 and 5581/1/1, situated at Nicholson Road, Ambala Cantt. Besides that, she claimed a money decree for a sum of Rs. 1,400/-. The case set up by the plaintiff was that she was the owner of Houses No. 5615, 5615-A and 5581/1 and the said property was transferred to her by the Rehabilitation Department, Govt. of India. The numbers of those houses have been changed by the Municipal Committee as 5615, 5615/A-1 and 5581/1/1. There was a dispute regarding the allotment and transfer of the said property which was settled vide order dated 22.2.1963 passed by the Chief Settlement Commissioner on the basis of a compromise and as per the compromise, the plaintiff has become the absolute owner of the property regarding which she had claimed possession. She enumerated the compromise in the plaint. The suit was contested by the appellant-defendant on the plea that the interpretation of the compromise is to be given by the Chief Settlement Commissioner and the Civil Court cannot sit over decision or order of the Chief Settlement Commissioner and, in these circumstances, even the suit is also bad.

(2.) THE learned trial Court granted a decree for possession of the property bearing No. 5615, 5615/A-1 and 5581, Nicholson road, Ambala Cantt. and also passed a money decree for a sum of Rs. 1,400/-. The defendant was not satisfied with the judgment and decree passed by the trial Court and he filed an appeal before the Court of the Addl. District Judge, Ambala, who partly allowed the appeal but the judgment and the decree of the trial Court with regard to the property over which the decree was passed was not disturbed. The learned Addl. District Judge vide impugned judgment and decree dated 6.3.1998 passed a decree for the possession of portion of property No. 5615, 5615-A and 5581/1 and new Municipal No. 5615/1, 5615/A-1 and 5581/1/1, Nicholson Road, Ambala Cantt, shown with red colour in the site plan mark X, attached with the plaint. A decree for a sum of Rs. 1,400/- was also passed in favour of the plaintiff. Aggrieved by the concurrent findings of the Courts below, the present appeal, which I am disposing of with the assistance rendered by Mr. J.M. Sethi, counsel for the appellant and Mr. M.K. Garg, counsel for the respondent and with their assistance have gone through the record of this case.

(3.) IN these circumstances, I do not subscribe to the argument of the learned counsel for the appellant that the point of possession requires to be determined and it can only be determined by the Chief Settlement Commissioner. By virtue of the compromise arrived at between the parties, both the parties had become owners of the property which was in their respective possession. I do no find any infirmity in the impugned order. No merit. Dismissed. Appeal dismissed.