CR (P) No. 30/2014. Case: Jyoti Vaswani Vs Reshma Vaswani and Ors.. Meghalaya High Court

Case NumberCR (P) No. 30/2014
CounselFor Appellant: K. Paul, Adv. and For Respondents: B. Bhattacharjee, Adv.
JudgesT. Nandakumar Singh, J.
IssueConstitution of India - Article 141; Civil Procedure Code (5 of 1908) - Section 115
CitationAIR 2015 Meghalaya 29
Judgement DateJune 24, 2015
CourtMeghalaya High Court

Judgment:

T. Nandakumar Singh, J.

1. This revision petition is directed against the judgment and order of the learned Assistant District Judge, Shillong dated 19.06.2014 for dismissing the application being Misc. Case No. 31 (H) 2013 under Section 151 of the Code of Civil Procedure (for short 'CPC'), which was filed 24 years after the passing of compromise decree dated 15.05.1989 in T.S. No. 6 (H) 1988, for recalling the said compromise decree dated 15.05.1989 and also against the impugned order dated 20.10.2014 for dismissing the Review Petition No. 1 (H) 2014 for reviewing the said impugned judgment and order dated 19.06.2014 passed in Misc. Case No. 31 (H) 2013.

2. Heard Mr. K Paul, learned counsel for the petitioner and Mr. B Bhattacharjee, learned counsel for the respondents.

3. This case has a long chequered history. Sans detail, concise fact of the case, leading to the filing of the present revision petition is noted. In the year 1988, the respondent No. 1/plaintiff Smti. Reshma Vaswani filed the suit i.e. T.S. No. 6 (H) 1988 for declaration and injunction. The respondent No. 1/plaintiff is one of the owners of the undivided piece of land being Plot No. 43 having a total area of 9800 Sq.ft., and the share of the respondent No. 1/plaintiff is 1/4th (one fourth) which comes to 2450 Sq.ft. (more or less). The said piece of land is situated at Police Bazar and covered by Patta No. 63 issued by the Deputy Commissioner, East Khasi Hills, Shillong dated 20.01.1970. The respondent No. 1/plaintiff acquired 1/4th (one fourth) share in the said land by virtue of Registered Deed of Gift dated 15.01.1988 executed by (L) Smti. Parbati Bai, wife of (L) Odermal Thadani, who was the owner of the 1/4th (one fourth) of the said piece of land and whose name was duly mutated in Plot No. 43 of Patta No. 63 under an order passed in Mutation Case No. 28 of 1984 jointly with three others namely, Shri. Kishand Chand, Proforma Defendant No. 2, Proforma Defendant No. 3 Smti. Rukamani Bai, wife of (L) Lachman Das and Defendant No. 1 Shri. Ashok Bhagwandas, Son of (L) Bhagwandas, Police Bazar, G.S. Road, Shillong. The relief (s) sought for in T.S. No. 6 (H) 1988 are:

(i) a declaration that the defendant No. 1 Ashok Bhagwandas has no legal right to disturb in any way the lawful possession of the plaintiff i.e. present respondent No. 1 over the piece of land measuring approximately 2450 Sq.ft. (more or less) just by the side of G.S. Road, Police Bazar, Shillong and adjacent to R.C.C. building constructed by the proforma defendant No. 2 i.e. Shri. Kishan Chand which is in occupation of the plaintiff/present respondent No. 1 on the strength of her undivided 1/4th (one fourth) share in the Plot No. 43 covered by Patta No. 63;

(ii) a perpetual injunction restraining the defendant No. 1 Shri. Ashok Bhagwandas his labourers, workers, employees, mistries and agents from taking forcible possession or dismantling the structure raised by the plaintiff/present respondent No. 1 thereon or entering into the said land or disturbing in any way the peaceful possession of the plaintiff/present respondent No. 1 over the said piece of land or the structure standing thereon and;

(iii) full cost of the suit together with such other relief or reliefs as the plaintiff/present respondent No. 1 is entitled to in law and equity.

4. During the pendency of the said title suit i.e. T.S. No. 6 (H) 1988, the defendant No. 1 (Shri.Ashok Bhagwandas) gifted his share (i.e. 1/4) in the said piece of land to the present writ petitioner under the Gift Deed registered on 29.03.1989. The present petitioner filed an application for impleadment as a party on 08.05.1989 and vide order dated 08.05.1989, the present petitioner was allowed to be impleaded as one of the defendants in the said T.S. No. 6 (H) 1988. On 08.05.1989, a joint application for compromise was filed by the plaintiff/present respondent No. 1, the defendants including the present petitioner in the said T.S. No. 6 (H) 1988. The present petitioner as a defendant also signed the said application for compromise dated 08.05.1989. The said joint compromise petition dated 08.05.1989 reads as follows:--

IN THE COURT OF THE ASSISTANT DISTRICT JUDGE AT SHILLONG

TITLE SUIT No. 6 (H) OF 1988
MISC. CASE No. 92 (H) OF 1988

Srimati Reshma Vaswani.... Plaintiff
-VERSUS-
Shri. Ashoke Bhagwandas & Ors.... Defendants

IN THE MATTER OF:

A joint application of Compromise of the Suit

The Parties abovenamed beg to state as follows:--

1. That the plaintiff filed the instant Title Suit for declaration and injunction restraining the Defendant from disturbing her peaceful possession of one fourth undivided share of the land situated at G.S. Road, Police Bazar, Shillong being Plot No. 43 covered by Patta No. 63 issued by the Deputy Commissioner, East Khasi Hills, Shillong dated 20th January, 1970 which she acquired by virtue of a Registered Deed of Gift dated 15th January, 1988 executed by late Parbati Bai who was the owner of the undivided one-fourth share in the said property.

The plaintiff also obtained an ad-interim injunction in Misc. Case No. 92 (H) of 1988 arising out of the said Title Suit No. 6 (H) 1988.

2. The Defendant contested the Suit and filed appeal against the order of ad-interim injunction.

The two other co-owners of the land who were made Proforma Defendants and who have been possessing separately their one-fourth shares in the property without dispute did not contest the suit.

3. That the parties have now compromised the Suit and settled all disputes in respect of the said property on following terms and conditions:--

(a) That the Plaintiff shall occupy and posses the piece of land measuring approximately 2450 Sq.ft. as marked and delineated as the Plot No. D in the sketch map annexed herewith, drawn by the parties in respect of the aforesaid Patta land.

(b) That the piece of land measuring approximately 2450 Sq.ft. and shown and marked as Plot No. A in the aforesaid sketch map annexed herewith will go to the Defendant.

(c) That the plots shown as Plots Nos. B and C each measuring 2450 Sq.ft. approximately are under the occupation of Proforma Defendant 1 and 2 respectively and they have been possessing their respective plots by constructing buildings and structures thereon without any dispute and objection by the parties.

(d) That the parties shall be entitled to their peaceful and separate possession enjoyment of their respective plots as shown in the sketch map annexed and as stated above, make their own constructions without any objection or obstruction by other party and also take all steps for their separate enjoyment of the property.

(e) That during the pendency of Suit the Defendant No. 1 (Ashoke Bhagwandas) made a Gift of his share of 2450 Sq.ft. of land in the said Patta property as per registered Deed of Gift dated 29th September, 1988 in favour of Smti. Jyoti Vaswani, wife of Shri. Pishu Vaswani of Laitumkhrah, Shillong and the said Donee Jyto Vaswani, hereby agrees to this settlement and demarcation of shares as shown in the sketch map annexed and declares that she is agreeable to enjoy and posses the Plot A as shown in the said sketch map and shall have no further claim on any further land in the said property.

(f) That the parties will bear their own costs.

It is therefore, prayed that your Honour may be pleased to pass a compromise decree in the suit on the above terms and conditions and this petition may form part of the Decree.

And for this act of kindness, your petitioner as in duty bound, shall every pray.

Dated: Shillong
The 8th May, 1989

Humble Plaintiff,
Sd/- Reshma Vaswani

Humble Defendant
Sd/- P. Vaswani

Attorney of Shri. Ashok Bhagwandas
Sd/- Jyoti Vaswani (present petitioner)

VERIFICATION

I, Shri. Reshma Vaswani, aged about 31 years, wife of Shri. Harish Vaswani of G.S. Road, Police Bazar, Shillong do hereby declare and state that the statements made in paragraphs 1 to 3 are true to my knowledge and belief and the rest are humble submissions to the Hon'ble Court; and in verification whereof I sign this 8th day of May, 1989.

Sd/- Reshma Vaswani

The Title Suit No. 6 (H) 1988 was disposed of under a compromise decree dated 15.05.1989 in terms of the said application for compromise dated 08.05.1989.

5. Thereafter in the year 1991, the petitioner instituted a suit being T.S. No. 10 (H) 1991 alleging that the said compromise decree dated 15.05.1989 on the basis of the joint application for compromise dated 08.05.1989 filed by the plaintiff/present respondent No. 1 and defendants including the present petitioner is a fraudulent one. In the Title Suit No. 10 (H) 1991 which was filed against the said Shri. Ashoke Bhagwan Das Thadani, S/o (L) Bhagwandas Thadani who transferred his 1/4th (one fourth) share in the said undivided property to the present petitioner under the said registered Deed of Gift, the present respondent No. 1 and two others, the main relief sought was for a declaration that the compromise decree i.e. 15.05.1989 is a fraudulent one and not legally tenable. The petitioner filed an application dated 22.03.2000, without seeking liberty to institute a fresh suit, for withdrawal of T.S. No. 10 (H) 1991. Accordingly, the learned Assistant District Judge, Shillong passed the order dated 22.03.2000 for dismissing the suit i.e. T.S. No. 10 (H) 1991 on withdrawal. The said order of the Assistant District Judge dated 22.03.2000 passed in T.S. No. 10 (H) 1991 reads as follows:--

IN THE COURT OF ASSISTANT DISTRICT JUDGE AT SHILLONG

Title Suit No. 10 (H) 91

Smti. Jyoti Vaswani..... Plaintiff
-Versus-
Smti. Reshma Vaswani and others.... Defendants

ORDER

22.3.2000

Both parties are present with their respective counsels. The plaintiff filed Petition No. 123/2000 stating that she withdraws the suit abandoning all claims against the defendant.

As such on withdrawal of the suit, case stands dismissed and disposed off.

Sd/ B. Giri,
Assistant District...

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