Kantilal Motilal Shah vs Shantilal Motilal Shah

Gita Gopi, J

Heard Mr. Dhaval Barot, learned advocate for the appellants and Mr. Dakshesh Mehta, learned advocate for the respondent.

It is submitted that the parties being the brothers as son of Motilal Shah were before the court of learned Principal Senior Civil Judge, Vansda in Civil Suit no.9/96. It was a suit filed for declaration by Shantilal Shah which came to be rejected and aggrieved by the same, he preferred Regular Civil Appeal no.40/06 before the learned Additional District Judge, Navsari at Vansda where the appeal came to be allowed and thus, aggrieved by the same, Kantilal Shah preferred Second Appeal. During the course of the appeal, he died and therefore, his heirs and legal representatives 1/1 to 1/3 are brought on record. Both the advocates on record submitted that an agreement of consensus has been drawn on 26.9.2023 by both the parties, the heirs of Kantilal Shah and Shantilal Shah along with his wife and daughters who are 7 in number submitted that they being the wife and daughters would have the interest in the property. Hence, the agreement is also with the signature of the daughters of Shantilal Shah who are the party to the second part in the agreement of consensus.

The appellants have been shown as first part in the agreement of consensus while Shantilal along with his wife, daughters have been shown as second part. Kantilal died on 16.2.2019 and it had been noted that because of misunderstanding between the brothers, dispute has arisen with respect to property bearing survey no.191 (old survey no.146/1) admeasuring Hectare 0-25-04 sq.mtrs. and survey no.162 (old survey no.121/3) admeasuring Hectare 0-54-03 sq; mtrs. of Village Jamaliya, Taluka Vansada, District Navsari and with a view to maintaining peace and harmony between the family members, the parties have amicably settled the dispute and have resolved and the terms of settlement has been drawn and put in writing where they have now decided interest regarding rights and had agreed to invite consent decree as per settlement.

The agreement was executed before the notary and parties have amicably settled the issue and the relevant identification was collected by the notary. The agreement bears the sign and thumb impression of the parties.

It is agreed between the parties that both the lands i.e. survey no.191 (old survey no.146/1) admeasuring Hectare 0-25-04 sq. mtrs. and survey no.162 (old survey no.121/3) admeasuring Hectare 0-54-03 sq. mtrs. of village Jamaliya, Taluka Vansada, District Navsari were of the ownership of both the sides – Shri Kantilal Motilal Shah and Shri Shantilal Motilal Shah who are the legal heirs of agriculturist Motilal Gevarchand Shah.

It is further agreed that the Land-1 i.e. land bearing survey no.191 (old survey no.146/1) admeasuring Hectare 0-25-04 sq. mtrs. of Village Jamaliya, Taluka Vansada, District Navsari has been and shall continue to remain of the ownership of heirs of Kantilal Shah as mentioned in the agreement of consensus and Shantilal Shah, his wife and daughters shall have no right, title or interest on the said land.

It is further agreed that the Land-2 i.e. land bearing survey no. 162 (old survey no.121/3) admeasuring Hectare 0-54-03 sq. mtrs. of Village Jamaliya, Taluka Vansada, District Navsari has been and shall continue to remain of the ownership of Shantilal Shah, his wife and daughters and heirs of Kantilal Shah shall have no right, title or interest on the said land.

It is agreed that with respect to Land-1 i.e. land bearing survey no. 191 (old survey no. 146/1) admeasuring Hectare 0-25-04 sq. mtrs. of Village Jamaliya, Taluka Vansada, District Navsari the name of heirs of Kantilal Shah as noted in agreement of consensus shall be entered in the revenue records and that with respect to the Land-2 i.e. land bearing survey no.162 (old survey no.121/3) admeasuring Hectare 0-54-03 sq. mtrs. of Village Jamaliya, Taluka Vansada, District Navsari the name of Shantilal Shah, wife and daughters referred in agreement of consensus shall be entered in the revenue records. It is further agreed that the revenue authorities shall make necessary changes and update the revenue records of both the lands in terms of this settlement between the parties.

In view of the same settlement as agreed upon, let decree be drawn in terms of the agreement and be amended accordingly. Accordingly, the present appeal stands disposed of.