Unknown vs Dev
2022 Latest Caselaw 2794 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    05TH SEPTEMBER, 2022


                 SECOND APPEAL NO.19 of 2022

Between:

Vijendra Singh                             ........Appellant

and

Dev Singh and Six Others                      ...Respondents



Counsel for the Appellant       :    Mr. I.P. Kohli.

Counsel for the Respondents     :    Mr. Deep Prakash Bhatt.


Hon'ble Alok Kumar Verma,J.

The appellant-plaintiff Vijendra Singh had filed a

Original Suit No.160 of 2013, "Vijendra Singh vs. Dev

Singh and Others", for declaring the registered Gift Deed

dated 26.09.2011 as void and for perpetual injunction.

2. According to the appellant-plaintiff, the said Gift

Deed was executed by one Sukha Singh, father of the

appellant-plaintiff and the respondent no.1 in favour of the

respondent no.1.

3. The First Appeal was dismissed. Against the

judgment and decree of the trial court, the appellant-

plaintiff had filed Civil Appeal No.78 of 2019, "Vijendra

Singh vs. Dev Singh and Others". The said Civil Appeal has

been dismissed vide judgment and decree dated

15.12.2021, passed by the learned Additional District

Judge, Khatima, District Udham Singh Nagar. Hence, the

present Second Appeal.

4. Heard learned counsel for the parties.

5. This is an admitted appeal. Present Second

Appeal was admitted on 17.02.2022 on the following

substantial questions of law :-

1)Whether the courts below have erred in law in holding that provisions of Section 22 of the Hindu Succession Act, 1956 are not applicable over an agricultural land?

2) Whether an ancestral property in the hand of father could be disposed of by the father of the appellant without there being any consent, express or implied, when the appellant had accrued right over the same in the ancestral property by birth?

6. During the pendency of the present Second

Appeal, the appellant-plaintiff Vijendra Singh and the

respondent no.1-defendant no.1 Dev Singh have arrived

an amicable settlement. The Agreement/Settlement

Application (IA No.3 of 2022) along with an Agreement

(Annexure no.1) and a registered Gift Deed dated

23.08.2022 in favour of the appellant (Annexure no.2)

have been filed.

7. The appellant-plaintiff Vijendra Singh is present

in-person before the Court and he is identified by Mr. I.P.

Kohli, Advocate.

8. The respondent no.1-defendant no.1 Dev Singh

is present in-person before the Court and he is identified

by Mr. Deep Prakash Bhatt, Advocate.

9. Both, the appellant-plaintiff and the respondent

no.1-defendant no.1 submitted that they are real brother

and they have filed an agreement/settlement along with

their affidavits with their free will and without any

pressure.

10. According to the agreement/settlement, 0.9961

hectares land out of total 3.6700 hectares of land-in-

question has been transferred to the appellant-plaintiff by

the respondent no.1-defendant no.1, by way of the

registered Gift Deed dated 23.08.2022 (Annexure no.2).

11. The compromise/settlement is verified.

12. The present Second Appeal is being decided on

the terms & conditions of the said agreement/settlement.

The said agreement/settlement will be part of the decree

of this Second Appeal.

__________________ ALOK KUMAR VERMA, J.

Dated: 05.09.2022 JKJ/Pant