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Judgment
A partnership was constituted by Bajrang Lal and Nand
Kishore. It was got registered. RIICO allotted a plot of land in the
name of the partnership firm and executed an indenture of
transfer.
In a Civil Suit No.137/1991 in the Court of District
Judge, Sikar, a compromise was effected and pursuant thereto a
decree was passed on June 4, 1993. Nand Kishore is a signatory
to the compromise application. He has knowledge of the decree.
He has not challenged the decree.
In conformity with the compromise decree a deed of
partnership was executed on February 15, 2008. The same has
been registered. Application was made to RIICO to make
necessary entry in its record and execute necessary documents.
The objection of the RIICO that in the absence of a
registered partnership deed it cannot effect mutation in conformity
with the compromise decree, which embraces the land demised by
RIICO to the partnership firm of which Bajrang Lal and Nand
Kishore were partners, is therefore without any merit.
This would suffice to dismiss the D.B. Civil Special
Appeal(W) No.255/2017 filed by RIICO.
As regards D.B. Civil Special Appeal(W) No.160/2017
filed by Nand Kishore, we find that in collateral proceedings he is
resiling from the compromise decree. As noted above, Nand
Kishore has not challenged the compromise decree by either
moving an application before the Court which passed the decree
or by filing an appeal thereagainst. We also find that he has taken
benefit under the compromise decree. Therefore, the D.B. Civil
Special Appeal filed by Nand Kishore is also liable to be dismissed
for the reason the impugned order passed by the learned Single
Judge requires RIICO to do the needful in conformity with consent
decree dated June 4, 1993.
In a nutshell, both the above captioned appeals are
dismissed. Impugned order is upheld.