ARINDAM LODH,J. - (1.)Heard Mr. J. Debbarma, learned counsel appearing for the appellants. Also heard Mr. D. Bhattacharya, learned senior counsel assisted by Mr. Samar Das, learned counsel appearing for the respondent.
(2.)It is submitted that the matter has been settled amicably between the parties. A compromise petition has also been filed wherein the parties have mentioned the terms of settlement which are as under:-
"TERMS OF SETTLEMENT

(3.)All the parties named hereinabove are present and have agreed to settle the disputes between them which gave rise to T.S.51 of 2016 before the Court of the Civil Judge, Senior Division, Gomati Tripura, Udaipur and then to this present appeal which is registered as RFA 30 of 2019.
That, the dispute arose with regard to the land which is described in the Plaint under the Schedule of the Suit land and which is described herein as land recorded in Rs. Khatian No.200 of Mouja-Rajnagar, Tehsil- Pitra, Revenue Circle-Killa, Gomati Tripura comprising of Rs. Plot No.138 of land measuring 0.25 acres of vitti (Tilla) class of land. That, the parties have agreed to the following:

1. That, the Party No. 7 has agreed to sell the land described hereinabove and also described in the schedule of the plaint which is presently measuring about 0.15 acres (7.5 gandas) to the Parties No.1 to 6 for a sum of Rs.6,00,000.00 (Rupees Six Lakhs only).

2. That, the Party No.7 being a member of the Schedule Tribe is required to obtain Sale Permission from the District Magistrate and Collector, Gomati prior to registration of such sale of land as given in Clause 1 above.

3. That, the Party No.7 shall make a prayer before the concerned authority for sale permission within a period of 7 days after obtaining the appellate decree in RFA 30 of 2019.

4. That, till the grant of the sale permission by the Competent Authority, the Party No.7 shall not try to evict the Parties Nos. 1 to 6 from the suit land described hereinabove by means of any legal proceedings or otherwise.

5.That, the Party No.7 on obtaining the sale permission shall inform in writing to the Parties Nos. 1 to 6 regarding such sale permission within 7 days from obtaining the same.

6. That, the Party No.1 to 6 on receipt of the information in writing from the Party No.7 shall within a period of 7 days inform the Party No.7 regarding the date on which the Registration of the sale deed shall be done, the date of registration for the sale deed so selected shall not exceed 4 weeks from the date of receipt of the information in writing by the Party No.1 to 6. That if after receipt of the written information the Party No.1 to 6 fails to communicate with the Party No.7 within a period of 7 days the Party No.7 after the lapse of 15 days from the date of giving information in writing to the Party No.1 to 6 shall be at liberty to take all legal and lawful measures for eviction of the Party No.1 to 6 from the suit land.

7. That on the day of the Registration of the sale deed the Party No.1 to 6 shall pay to the Party No.7 the full agreed amount of Rs.6,00,000.00 and only on receipt of the full amount of Rs.6,00,000.00 the Party No.7 shall execute and register the sale instrument in favour of the Party No. 1 to 6.

8. That if on the date fixed for registration either the Party No.1 to 6 or the Party No.7 are unable to complete the entire process due to unavoidable circumstances the parties shall upon mutual agreement fix another date for registration which shall be within a period not exceeding 15 days.

9. That if on the second date the Registration of the sale instrument cannot be done and the Party No.1 to 6 are the defaulting party then the Party No.7 shall be at liberty to refuse to give any further date for the said purpose and further the Party No.7 shall be at liberty to start lawful eviction proceeding against the Party No.1 to 6 and if the defaulting Party is the Party No.7 then the Party No.7 is bound to give a fresh date for registration and if he refuses to do the same the Party No.1 to 6 shall be at liberty to seek specific performance of this agreement within the period of limitation provided by law.

10. That this settlement shall be binding on all the Parties and also be binding upon the legal heirs and survivors and all who claim on their behalf.

11. That the parties have agreed to this terms of settlement voluntarily without any coercion or force."

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