Validity of compromise decree after 12 years.
Querist :
Anonymous
(Querist) 08 November 2009
This query is : Resolved
DHR/plaintiff and JDRs/Defendants filed a compromise petition in lower court. As per this compromise the JDRs are agreed to give some land to DHR and accordingly, the JDRS had handed over the physical possession of the land to the DHR and the same was recorded in the said compromise decree. And it is further recorded in the said compromise decree that “in case the JDRS fails to register the Sale Deed in favour of the DHR, the DHR at liberty to get the same executed through this court” the compromise was recorded in year 1990. But this compromise decree was not executed till today.
1. As the decree is time barred. who will be the owner of this land DHR OR JDRS.
2. Can DHR clam this property by any other means.
NOTE : Law of limitation only bars remedy, but does not extinguish the right.
what is meaning of above?
Arvind Singh Chauhan
(Expert) 08 November 2009
DHR can seek extension under section 5 of limitation act. Generally court allows, if it think necessary in the interest of justice and to mitigate the unnecessary litigancy.
Raj Kumar Makkad
(Expert) 08 November 2009
1. As the possession is already with the DHR and the intension of the compromise decree is very clear as narrated in the given circumstances, no one can ignore this fact that JGR has no connection with the land in question and even if the decree could not be got executed within time, even then he is bound by the contents of decree. So better give a notice to the JDR or his legal heirs, as the case may be and fix a time to get the registered sale-deed and on their failure, file direct execution petition, Law of limitation cannot extinguish your legal right settled through compromise decree.
2. The only means I told is execution.
bhupender sharma
(Expert) 08 November 2009
Mr. Anonymous I agreed with the opinion of my colleague.
Anish goyal
(Expert) 08 November 2009
Section 5 of limitation act doesn't apply to application of execution.
Execution application will be barred by section 3 of limitation act. And m of the view that section 27 will be of no use here 4 the DH as there the possession was not illegal as required 4 adverse possession. But JD has no right because of decree. Please any member got the solution?
Adinath@Avinash Patil
(Expert) 08 November 2009
SECTION 5 OF EVIDECE ACT IS FOR ANY APPLICATION EXECUTION PETITION IS ALSO COVERED IN SECTION 5.
YOU CAN TAKE HELP OF RULING---
GANGADEEP PARISTHAN PVT.LTD.V/S M/S MACHARO.
AIR 2005 SC 1958.
adv. rajeev ( rajoo )
(Expert) 09 November 2009
in my opinion after 12 years u cannot file an execution petition.
File an application before the concerned revenue department to enter your name as per the compromise decree
Possession is yours, and there is specific order of the court so u can take the benefit of the order.
