2017 (1) TMI 1754 - SC - Indian Laws

Claim made by the Appellants and Respondents in respect of two items of property - rightful possessor of property - HELD THAT - The equity will work out in case each party is satisfied with one item. As far as the Respondent Nos. 1 to 5 are concerned, we are informed that they are residing there with a small house in 6 biswas of land. However, it is submitted that in case the Respondent Nos. 1 to 5 are given 17 biswas of land in Sector 4, Shimla, though according to them, the same is much less in value, the Respondent Nos. 1 to 5 are willing to give a quietus to the litigation, which started in the year 1985. The Appellants shall be entitled to 6 biswas of land (Khasra No. 19/1 Village Pateog) along with structure thereon, if any, in Sector 2 of New Shimla and Respondent Nos. 1-5 shall be entitled to have 17 biswas of land (Khasra No. 600/25 and 602/25 Village Pateog Pargana Jajhot, Tehsil and District Shimla) in Sector 4 - The Respondent Nos. 1-5 shall handover vacant possession of the 6 biswas of land along with structure thereon, if any, within a period of ten months. Appeal allowed.

Summary

Issues: Dispute over two properties - 6 biswas in Sector 2 of New Shimla and 17 biswas in Sector 4, Shimla.

Analysis:
The judgment delivered by the Supreme Court pertains to a dispute involving two items of property, specifically 6 biswas in Sector 2 of New Shimla and 17 biswas in Sector 4, Shimla. The Appellants and Respondents were aggrieved by the judgment of the lower court, and the primary issue was the claim made by both parties regarding these properties. Despite attempts to raise various legal questions, the court emphasized the importance of equity in resolving the matter. It was noted that if each party was content with one item, equity would prevail. The Respondent Nos. 1-5 were residing in 6 biswas of land and expressed willingness to settle the dispute by accepting 17 biswas of land in Sector 4, Shimla. The Appellants, however, were not agreeable to forgoing 6 biswas in favor of 17 biswas.

The court, after considering the submissions, ruled in favor of a specific division of the properties. The judgment outlined that the Appellants would receive 6 biswas of land in Sector 2 of New Shimla, while Respondent Nos. 1-5 would be entitled to 17 biswas of land in Sector 4. The Respondent Nos. 1-5 were directed to hand over vacant possession of the 6 biswas of land within ten months and file an undertaking to that effect within one month. It was emphasized that upon this division, each party would have absolute title and ownership over their respective properties. Consequently, the impugned order was set aside, and the appeals were allowed without any cost implications. Any pending applications were deemed disposed of as per the judgment.

In conclusion, the Supreme Court's judgment provided a clear resolution to the property dispute, ensuring a fair and equitable division between the parties involved. The decision aimed to bring an end to the longstanding litigation and establish definitive ownership rights over the respective properties, ultimately promoting a sense of finality and closure to the legal proceedings.