- (1.) THIS regular second appeal, filed in the year 1985, arises from an agreement to sell land, dated 28.10.1980, described in detail in the impugned judgments and decrees.
(2.) WITH the able assistance of counsel for the parties, the parties have resolved their differences and filed separate affidavits, bringing to an end this unnecessary dispute.
(3.) THE appellant No.1 -Kartar Kaur, passed away during pendency of the appeal and is represented by her sons Sadhu Singh and Mohinder Singh sons of Shri Labh Singh, residents of village Khamba, Tehsil and District Ferozepur. Sadhu Singh, is present in Court and states for and on behalf of himself and his brother Mohinder Singh that he shall withdraw the appeal if the respondent pays Rs.25 lakhs to them and Rs.5 lakhs to appellants No.2 to 5, namely, Jagir Singh, Chanchal Singh sons of Chuhar Singh, Ajit Singh and Gurbachan Singh sons of Jagat Singh, residents of village Khamba, Tehsil and District Ferozepur. In support of his statement, Sadhu Singh has filed a duly noterised affidavit, dated 09.01.2014, in Court today, which is taken on record, as mark "A". a relevant extract from the affidavit reads as follows: - "5. That during the pendency of the abovesaid Regular Second Appeal, the matter has been settled between the parties and as per the settlement, the respondent -plaintiff Romeshwar Singh son of Jagga Singh has agreed to pay a sum of Rs.25,00,000/ - (Rupees Twenty Five Lacs only) to the L.Rs. of Kartar Kaur, appellant no.1 and he has further agreed to pay a sum of Rs.5,00,000/ - (Rupees Five Lacs only) to appellant no.2 to 5 on or before 31.05.2014. 6. That in view of the compromise, the L.Rs. of appellant no.1 has got no objection, if the present appeal is dismissed and the judgment and decrees passed by learned courts below are affirmed. 7. That if the respondent fails to pay the amount as mentioned above, the appellants shall be at liberty to get the present appeal revived." Chanchal Singh, appellant no.3, son of Chuhar Singh is present in Court and states for himself and on behalf of Jagir Singh son of Chuhar Singh, appellant no.2, that in case the respondent pays Rs.5 lakhs to Jagir Singh, Chanchal Singh sons of Chuhar Singh, Ajit Singh and Gurbachan Singh sons of Jagat Singh, they would give up any right, title or interest that they have or may have, in the land in dispute, arising from agreement to sell dated 12.06.1980.;