Page 1

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 305-306  OF 2017 (ARISING FROM SLP(C) NOS. 25720-25721/2012)

VIJAY LAXMI & ORS. APPELLANT(S)                                 VERSUS

PRABHU DEVI & ORS. RESPONDENT(S)

J U D G M E N T KURIAN, J.  Leave granted. 2. The appellants are before this Court aggrieved by the judgment dated 28.2.2012 in RSA No.250 of 1995 and  RSA  No.117  of  1998.   The  dispute  essentially pertains  to  the  claim  made  by  the  appellants  and respondents  in  respect  of  two  items  of  property. Item 1 to the extent of 6 biswas in Sector 2 of New Shimla  and  Item  2  to  the  extent  of  17  biswas  in Sector 4, Shimla. 3. Though the learned counsel appearing on both the sides attempted to raise several questions of law, having regard to the factual matrix, we are of the view that 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

1

Page 2

willing to give a quietus to the litigation, which started in the year 1985. 4. Mr. J.S. Attri, learned senior counsel appearing for the appellants, though made a submission that 17 biswas in Sector 4 is much higher in value, on a suggestion that whether the appellants are prepared to have 17 biswas for themselves and forgo 6 biswas, the answer was in the negative.  Mr. Attri, learned senior  counsel,  however,  submitted  that  the  offer made by the respondent Nos.1 to 5 may be accepted and the litigation spanning for over three decades may be put an end to. 5. Therefore, these appeals are allowed as follows:

i) 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. ii) 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. iii) The  Respondent  Nos.1-5  shall  file an undertaking to that effect before this Court within one month from today.

6. Needless to say, on such division, as above, the parties will be entitled to have absolute title and ownership in respect of the respective properties. 7. In view of the above, the impugned order is set aside and the appeals are allowed, as above.

2

Page 3

8. There shall be no order as to costs. 9. Pending  application(s),  if  any,  shall  stand disposed of.  

.......................J.               [KURIAN JOSEPH]  

.......................J.               [A.M. KHANWILKAR]  

NEW DELHI; JANUARY 10, 2017.

3