Compromise Deed in a Property Dispute

COMPROMISE DEED (RAZINAMA)

This compromise deed is made at Khanna, District Ludhiana on 1 April 2026.

It is made between Harjinder Singh, son of Gurdev Singh, aged 58 years, resident of Village Rasulra, Tehsil Khanna, District Ludhiana (the First Party), and Balwinder Singh, son of Gurdev Singh, aged 52 years, resident of House No. 2231, Street No. 4, Guru Nanak Nagar, Khanna, District Ludhiana (the Second Party). Each of these expressions includes that party's heirs, legal representatives, successors and permitted assigns. The parties are real brothers and co-sharers in the land their father left.

1. The Property and how it is held. This deed concerns agricultural land measuring 16 kanals 8 marlas in the revenue estate of Village Rasulra, Tehsil Khanna, District Ludhiana, with the tubewell and the room built on it (the Property), recorded as Khewat No. 112, Khatauni No. 131, Khasra Nos. 45//12 (8-0) and 45//19 (8-8), as per the jamabandi for the year 2021-22, Hadbast No. 211. The land was bought by Gurdev Singh, the father of both parties, under sale deed No. 2211 dated 14 June 1988 registered with the Sub-Registrar, Khanna. After his death on 9 March 2019 the First Party had it entered in his sole name by mutation No. 3318, which the Second Party disputes. The Property lies within the sub-district of the Sub-Registrar, Khanna, and changes to its ownership record are entered by the Tehsildar, Khanna.

1. The dispute. After their father died in 2019 the First Party claimed the whole land under a family arrangement said to have been made in 2012, while the Second Party claimed a half share as a natural heir and objected to the First Party cultivating all of it. The parties also quarrelled over the tubewell and the path to it. In this deed all of that is called the Dispute. The Dispute is the subject of Civil Suit No. 1452 of 2024, Balwinder Singh v. Harjinder Singh, for declaration and permanent injunction, pending in the court of the Civil Judge (Junior Division), Khanna, next fixed for 3 October 2026 (the Pending Case).

1. How the Dispute was settled. The parties have talked the Dispute over with the help of Sarpanch Kulwant Singh and other respected residents of Village Rasulra, and have agreed to end it on the terms of this deed, each of them acting freely and without pressure, fraud or undue influence from anyone. They mean these terms to settle the Dispute finally, and to replace every claim either of them has made in it, in writing, in a case or by word of mouth.

1. What the settlement does. The Property is divided between the parties by metes and bounds: each party becomes sole owner of the portion clause 5 gives it, and gives up to the other every right in the other portion. Nothing in this deed gives either party a right in any property other than the Property unless this deed names that property expressly, and nothing in it is an admission by either party about any other property or any other person.

1. What each party takes. The First Party takes: 8 kanals 4 marlas, being the eastern half of Khasra Nos. 45//12 and 45//19, bounded on the north by the land of Mohan Singh, on the south by the village road, on the east by the land of Karnail Singh and on the west by the portion of the Second Party, together with the tubewell. The Second Party takes: 8 kanals 4 marlas, being the western half of Khasra Nos. 45//12 and 45//19, bounded on the north by the land of Mohan Singh, on the south by the village road, on the east by the portion of the First Party and on the west by the land of Surjit Kaur, together with the room. The portions are shown on the site plan signed by both parties and marked Annexure A, which forms part of this deed; where the plan and the words differ, the words prevail, and the record numbers prevail over both. Each party holds what it takes as absolute owner, free of any claim of the other, with the right to use, lease, mortgage, sell or otherwise deal with it.

1. Shared rights. The parties keep these rights in common, on these terms: the 10-foot path along the northern boundary stays open for both parties and their tenants, and the water course from the tubewell serves both portions, with repairs paid for equally. Neither party will block, narrow or build over any passage, water course, drain or wall that serves the other's portion, and neither will put up a new structure that cuts off the light, air or access the other's portion now enjoys.

1. Money. The First Party will pay the Second Party the settlement amount in this clause, in return for what the Second Party gives up under this deed. The settlement amount is ₹15,00,000 (Rupees Fifteen Lakh only), payable as follows: ₹5,00,000 by RTGS on the signing of this deed, and ₹10,00,000 by demand draft on or before 30 November 2026. If an instalment is not paid within 15 days after the receiving party gives written notice that it is overdue, the whole unpaid balance falls due at once and may be recovered through the civil court. Of the settlement amount, ₹5,00,000 (Rupees Five Lakh only) has already been paid, and the party receiving it acknowledges that payment by signing this deed. An instalment paid after its due date carries simple interest at 9 per cent a year from that date until it is paid. Any payment under this deed is made by bank transfer, cheque or demand draft, never in cash, and every payment after the signing is acknowledged by a separate signed receipt. Apart from this clause neither party owes the other any money for the Property or the Dispute, and neither will claim costs, damages or mesne profits for any period before this deed.

1. Possession. Each party is already in possession of what this deed gives it, so no possession changes hands, and each will keep to its own part from today. Possession passes on or before 2 April 2026, and the parties will sign a short note recording the handover on the day it happens. Once possession of a part has passed, the party that gave it up will not re-enter, cultivate, let or use that part, and will remove nothing fixed to it.

1. Title and charges. Each party confirms that, apart from the Dispute, it has not sold, gifted, mortgaged, leased or agreed to transfer the Property or any part of it, and that no court or authority has attached it for a claim against that party. The only charge or claim affecting the Property is this, and it will be dealt with as stated: a crop loan of ₹3,00,000 from the Rasulra Cooperative Agricultural Service Society, secured on Khasra No. 45//19, which the First Party will repay and have removed from the record by 31 March 2027. A party whose confirmation proves untrue will make good to the other every loss that follows from it, including the costs of any proceeding it causes.