8.Per contra, the learned Senior Advocate for the defendants
submitted that the legal representatives of the original tenant
Trilokchand, after due deliberations and negotiations before the
Mediator, amicably resolved to settle the dispute in Special Civil
Suit No.262 of 2001. Parties arrived at a Memorandum of
Understanding dated 4 March 2003. In furtherance of such a
Memorandum of Understanding, parties moved for surrender of
tenancy rights and possession of plaintiffs and others. Tenancy
rights were surrendered before authorities under the Bombay
Tenancy and Agricultural Lands Act 1948. The document in the
form of possession receipt dated 23 June 2003 coupled with
panchnama was executed. The legal representatives themselves
applied before the Tenancy Court on 19 September 2004 to
withdraw tenancy proceedings accepting compromise between the
predecessors of defendants, plaintiffs and others. The legal
representatives Trilokchand received Rs.4 crore and retained
possession of plot No.2. On 20 June 2014, the defendants
purchased suit property and another plot No.3 for consideration of
Rs.2,26,66,000/- and possession was delivered to the defendants.
The documents of the consent decree, possession receipt and other
documents evidencing delivery of possession by the plaintiffs in
2003 have been admitted by the defendants, and, therefore, the
plaintiffs have failed to show settled possession over the suit
property. Hence, it is prayed that the civil revision application
deserves to be dismissed.
