(Madan B. Lokur and Deepak Gupta, JJ.)
Ramesh Bahadur Singh & Ors. _______________________ Appellant(s)
v.
Mahendra Pal Singh & Ors. _______________________ Respondent(s)
Civil Appeal Nos. 3409-3410 of 2010, decided on July 10, 2018
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties at length.
2. The litigation has been going on for more than a century.
3. The principal issue, however, before us is the validity of two sale deeds which were executed in the year 1972 which is itself about 50 years ago.
4. According to the appellants, they had purchased the suit property from one Rati Pal.
5. According to the respondents, Rati Pal had only a life interest in the suit property. Therefore, he was not entitled to sell the suit property to the respondents in 1972.
6. Rati Pal has since passed away and was issueless at the time of his death.
7. One of the respondents has also passed away. The litigation is being carried on by his legal representatives.
8. The purchase price of the property in 1972 was in the region of about Rs. 2,600/- through two sale deeds of about Rs. 1,300/- each. The respondents have been in possession of the suit property from the very beginning. The appellants have not been in possession of the suit property at all.
9. With a view to put an end to the ligitation and to bring peace between the parties, we are of the view that the matter ought to be settled.
10. Respondent No. 1 – Mahendra Pal Singh is present in Court and as per his estimate, the value of the property which is in some village is in the region of about Rs. 45,000/-. In our opinion, the valuation of the property given by Mahendra Pal Singh appears to be quite low considering the fact that it was purchased for Rs. 2,600/- way back in 1972. In our opinion, a more reasonable valuation of the property will be in the region of Rs. 1,00,000/- (Rupees one lakh only).
11. Accordingly, we direct that for a peaceful and amicable resolution of the dispute between the parties, an amount of Rs. 50,000/- each should be paid by the respondents to the two sets of purchasers. The amount be deposited in the Registry of this court within two months, i.e., on or before 31st August, 2018. The appellants/legal representatives will be at liberty to withdraw the amount as soon as it is deposited.
12. The appeals stand disposed of.
13. We make it clear that we have not expressed any opinion on the merits of the case.
Civil Appeal No(s).3409-3410/2010
Ramesh Bahadur Singh & Ors _____________________ Appellant(s)
v.
Mahendra Pal Singh & Ors ____________________ Respondent(s)
Date : 10-07-2018 These appeals were called on for hearing today.
(Before Madan B. Lokur and Deepak Gupta, JJ.)
For Appellant(s) Mr. Pradeep Misra, AOR
Mr. Manoj Kr. Sharma, Adv.
Mr. Suraj Singh, Adv.
For Respondent(s) Mr. R. P. Gupta, AOR
UPON hearing the counsel the Court made the following
ORDER
14. The appeals stand disposed of in terms of the signed order.
15. Pending application, if any, stands disposed of.
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