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Gurbachan Singh (D) Thr. LRS. v. Gurdial Singh (D) Thr. LRS.

Civil Appeal · 2018 INSC 1065Decided 16 Nov 2018
Civil Appeal No. 7471 of 2008
Justice Kurian Joseph · Justice Hemant Gupta

Background

Members of the same family had been litigating over roughly 132 kanals of ancestral land for four decades, with this particular appeal itself pending in the Supreme Court for over a decade. The core dispute was about demarcating the specific 44-kanal share due to the legal representatives of Dhan Kaur, a deceased daughter of the original landowner.

Decision Breakdown

With the Court's encouragement, the parties agreed to mediation through senior counsel, leading to a settlement on the broad shares. The Court directed the local Tehsildar to physically demarcate the agreed 44 kanals and submit a report. After the Tehsildar's report was filed and both sides' minor objections were considered, the Court found the demarcation fair and equitable, and disposed of the appeal by making the Tehsildar's report part of the final decree: formally and finally resolving the dispute. It also gave directions for the respondents to be able to apply for a tubewell/electricity connection for irrigation.

Lesson Learnt

Long-running family property disputes can sometimes be resolved faster and more amicably through court-facilitated mediation and expert on-ground demarcation (rather than prolonged litigation), and once such a settlement is formalised, it becomes a binding and enforceable court decree.

Official source (sci.gov.in)View Judgment (PDF)

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