Arshad Zamal Siddiqui & Anr vs Ravinder Singh & Ors
2014 Latest Caselaw 4233 Del

$~57.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1873/2012

%                                     Judgment dated 08.09.2014

       ARSHAD ZAMAL SIDDIQUI & ANR       ..... Plaintiffs
                   Through : Mr.Sitab Ali Chaudhury and Mr.Hanjala
                             Kazim, Advs. along with plaintiffs.

                          versus

       RAVINDER SINGH & ORS                        ..... Defendants
                    Through :         Mr.H.L. Dasi and Mr.Shekhar Dasi, Adv.
                                      for defendants no.1 to 3 along with
                                      defendants no.1 to 3.
                                      Mr.Raees Khan, Adv. for defendants no.5 to
                                      9 along with defendant no.6.
                                      Mr.Misbah Bin Tariq and Mr.Mohd
                                      Amanullah, Advs. for defendant no.7.

       CORAM:
          HON'BLE MR. JUSTICE G.S.SISTANI

G.S.SISTANI, J (ORAL)

    1.

Plaintiffs have filed the present suit for specific performance of contract, permanent and mandatory injunction.

2. As per the plaint, plaintiffs entered into an Agreement to Sell with defendants no.1 to 3 with respect to 1000 sq. yards land, out of Khasra No.372 min. situated in the area of Village Jasola, Tehsil Mehrauli, New Delhi, now known as Shaheen Bagh, Abul Fazal Enclave, Part-II, Jamia Nagar, Okhla, New Delhi, by means of an Agreement to Sell dated 25.4.2011. The total sale consideration was fixed at Rs.4.10 crores, out of which Rs.50.00 lakhs were paid by the plaintiffs to defendants no.1 to 3 at the time of signing of the Agreement to Sell. Subsequently, Rs.5.00 lakhs

were paid by the plaintiffs to defendants no.1 to 3. Since, according to defendants no.1 to 3, plaintiffs did not come forward to complete the transaction, they cancelled the Agreement to Sell with the plaintiffs and entered into a fresh Agreement to Sell on 5.6.2012 with defendants no.5 to 9 for 600 sq. yards for a total sale consideration of Rs.3.00 crores. Meanwhile, the present suit was filed by the plaintiffs on 27.6.2012 for specific performance as according to the plaintiffs they were all along ready and willing to complete the transaction. As directed by the Court Rs.2.85 crores stand deposited by Mr.Mohd.Ashhar, Attorney of plaintiff no.1, with the Registrar General of this Court.

3. Today, plaintiffs, defendants no.1 to 3, 6, 8 and 9, are present in Court. They are duly identified by their respective counsel. In support of their identity they have also handed over their identity proofs. Defendants no.5 and 7 are not present in Court, however, they were present in Court on 5.9.2014, when the following order was passed.

"Defendants No.5 to 9 except defendant No.6 are present in Court. They submit that they have entered into an amicable settlement with the plaintiffs and they identify their signatures on the settlement agreement. They are duly identified by the counsel appearing on their behalf. Defendant No.6 is not present. Counsel for the defendant No.6 submits that he has instructions on his behalf. The said defendants need not remain present in Court on 8.9.2014 when defendants No.1 to 3 will remain present in the Court alongwith the plaintiffs.

List on 8.9.2014."

4. A composite settlement has been arrived at between the parties. The plaintiffs and defendants no.1 to 3 settled the matter before Delhi High Court Mediation and Conciliation Centre. As per the said settlement, defendants

no.1 to 3 agreed to sell 400 sq. yards of the suit property to the plaintiffs for a total sale consideration of Rs.2.51 crores, out of which Rs.55.00 lakhs stand paid by plaintiffs and duly acknowledged by defendants no.1 to 3. It is also agreed that out of the total sale consideration deposited by the plaintiffs with the Registrar General of this Court, Rs.1.00 crore shall be released in favour of defendants no.1 to 3 and the balance Rs.96.00 lakhs shall be paid by the plaintiffs to defendants no.1 to 3 in the following agreed manner:

(i) Rs.21.00 lakhs within thirty days from today;

(ii) Rs.75.00 lakhs within six months from today.

5. Defendants no.1 to 3 will hand over vacant possession of the 400 sq. yards of the property in question to the plaintiffs on receipt of Rs.1.00 crore.

6. In case, payment is not made by the plaintiffs to defendants no.1 to 3, possession of 400 sq. yards shall be handed back to defendants no.1 to 3 by the plaintiffs.

7. Defendants no.1 to 3 have no objection if the plaintiffs carry out construction over the suit land, however, it is made clear that no special equities will flow in favour of the plaintiffs, however, the plaintiffs shall not sell the property in question to any third party till the final payment is made.

8. Simultaneously, the plaintiffs have also entered into a settlement with defendants no.5 to 9 with regard to 600 sq. yards of the property in question. This part of the settlement, as agreed, is as under:

(i) The plaintiffs shall pay Rs.5.40 crores to the defendants no.5 to 9. Out of Rs.5.40 crores, Rs.20.00 lakhs already stand paid to defendants no.5 to 9 on 28.8.2014 i.e. at the time of settlement before Delhi High Court Mediation and Conciliation Centre.

(ii) Out of Rs.2.30 crores, Rs.57.00 lakhs shall be released to defendants no.1 to 3 and the balance Rs.1.73 crores or any other figure (as interest would have accrued on the initial deposit of Rs.2.85 crores) shall be release in favour of defendants no.5 to 9. After deduction of 1.73 crores, amount, if any, shall be released to Mr.Mohd. Ashhar, Attorney of plaintiff).

(iii) Balance amount of Rs.2.90 crores or such other amount, which remains to be paid out of Rs.5.40 crores, shall be paid by the plaintiffs to defendants no.5 to 9 within six months from the date of settlement before the Mediation Centre.

(iv) Possession of 600 sq. yards shall be handed over to the plaintiffs on receipt of Rs.1.73 crores.

(v) Defendants no.1 to 3 shall hand over and execute all the title documents or any other document with respect to 600 sq. yards of the property to defendants no.5 to 9 on receiving the balance sum of Rs.57.00 lakhs i.e. full and final payment from the Registry and thereafter defendants no.5 to 9 shall hand over and execute all the title documents or any other document in favour of the plaintiffs on receiving full and final payment i.e. 5.40 crores.

(vi) In case, payment is not made by the plaintiffs to defendants no.5 to 9, possession of 600 sq. yards shall be handed back to defendants no.5 to 9 by the plaintiffs.

(vii) Defendants no.5 to 9 have no objection if the plaintiffs carry out construction over the suit land, however, it is

made clear that no special equities will flow in favour of the plaintiffs. In addition to that, the plaintiffs shall not sale out the property in question to any third party till the final payment is made.

9. Learned counsel for defendants submit that the property is free from all encumbrances, whatsoever.

10. As agreed, the payment of Rs.1.57 crores, which is to be released in favour of defendants no.1 to 3, shall be released by Registry in the following manner:

(i) Rs.77.00 lakhs in favour of defendant no.1, Mr.Ravinder Singh.

(ii) Rs.40.00 lakhs in favour of defendant no.2, Mr.Abdul Aziz.

(iii) Rs.40.00 lakhs in favour of defendant no.3, Mr.Mohd. Suhaleh.

11. As agreed, Registry shall release Rs.1.73 crores in favour of defendants no.5 to 9 in the following manner:

(i) Mr.Shahzama Khan, defendant no.6, Rs.17.00 lakhs.

(ii) Mr.Mudassir Hayat, defendant no.7, Rs.39.00 lakhs

(iii) Mr.Mohd. Babu Qureshi, defendant no.8, Rs.84.33 lakhs

(iv) Mr.Mohd. Muntahir Khan, defendant no.9, Rs.32.67 lakhs

12. As agreed, the schedule for the final payment of Rs.2.90 crores, out of Rs.5.40 crores, within six months from the date of settlement before the Mediation Centre, is as under:

(i) Mr.Shahzama Khan, defendant no.6, Rs.78,94,600/-.

(ii) Mr.Mudassir Hayat, defendant no.7, Rs.62,25,400/-.

(iii) Mr.Mohd. Babu Qureshi, defendant no.8, Rs.1,06,47,000/-.

(iv) Mr.Mohd. Muntahir Khan, defendant no.9, Rs.42.33 lakhs.

13. Accordingly, as prayed, present suit stands decreed in above terms.

Plaintiffs, defendants no.1 to 3, 6, 8 and 9 shall append their signatures on the order sheet as token of acceptance of the terms of agreement. It is also agreed that since defendants no.5 and 7, who are not present in Court, their Advocates shall append their signatures on the order sheet on their behalf under their instructions.

14. Since the matter has been settled through Mediation, plaintiffs shall be entitled to refund of Court fees. Let a decree sheet be drawn up accordingly. I.A.NOS.4882/2014 & 16813/2014 Application stands dismissed in view of the order passed in the suit. I.A.NO.16813/2014 (Joint appl. for release of amount) Application stands disposed of in view of the order passed in the suit.

G.S.SISTANI, J SEPTEMBER 08, 2014 msr