Delhi High Court
Sh Vipin Kumar & Ors vs Sh Nazmuddin Khan on 3 October, 2016
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment dated 3rd October, 2016
+ CS(OS) 497/2016 & I.A.11975/2016(under Order XXXIX Rules 1 & 2
CPC)
SH VIPIN KUMAR & ORS ..... Plaintiffs
Through : Mr. S.P.M. Tripathi and Mr. Nishant
Das, Advocates for the plaintiffs along
with the plaintiffs.
versus
SH NAZMUDDIN KHAN ..... Defendant
Through : Mr. Rohit Gandhi, Advocate for the
defendant along with defendant.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
1.
Present suit has been filed by the plaintiff for specific performance of
an Agreement to Sell dated 25.07.2015.
2. In this matter summons were issued in the suit on 27.09.2016, when the
counsel for the defendant had entered appearance and accepted the
summons. This Court had directed the parties to remain present in
Court on the next date of hearing, i.e., today. This Court had also
enquired from the plaintiffs as to whether the plaintiffs are ready and
willing to purchase the suit property. Since the answer was in the
positive, the defendant was also asked as to whether he was ready and
willing to sell the property. He also agreed for the same.
3. As per the plaint, the plaintiffs entered into an Agreement to Sell dated
25.07.2015 with the defendant for purchase of land measuring 3 bighas
14 biswas in Khasra nos.359/170, 167, 363/172, 186, Khewat no.50,
Khatoni no.98 to 100 and Khasra no.334/206, Khewat no.92, Khatoni
no.174, situated at Begumpur, Tehsil Hauz Khas, New Delhi. Total
sale consideration was fixed at Rs.3.0 crores, out of which a sum of
Rs.1.0 crore was paid to the defendant. Balance Rs.2.0 crore was to be
paid at the time of execution of the Sale Deed. The plaintiffs were
apprehensive that the defendant is trying to wriggle out of the execution
of the Sale Deed which has led to the filing of the present suit.
4. Today a joint application under Order XXIII Rule 3 of the Code of
Civil Procedure has been handed over in Court. (Registry is directed to
register this application). The three plaintiffs, namely, Mr. Vipin
Kumar, Mr. Peeyush Kumar and Mr. Anil Tyagi are present in Court.
They are duly identified by their counsel. The defendant, Sh.
Nazmuddin Ahmad Khan is also present. He is also identified by his
counsel. The parties submit that they have entered into an amicable
settlement. They identify their signatures on each page of the
application and affidavits filed in support of the application. The
settlement application is marked Ex.P-1. It would be useful to
reproduce the terms of the settlement agreement between the plaintiffs
and the defendant:-
"(i). That the plaintiffs shall pay the balance sale consideration of
Rs.2,00,00,000/-(Rupees Two crores only) to the defendant within a
period of three months from the date of the order/decree passed by this
Hon'ble Court.
(ii). That the defendant while receiving the balance sale consideration
shallsimultaneously execute and register the sale deed in favour of the
plaintiffs or their nominee with respect to the entire land measuring 3
bighas 14 biswa in Khasra Nos. 359/170, 167, 363/172, 186, Khewat
no.50, Khatoni no.98 to 100 and Khasra no.334/206, Khewat no.92,
Khatoni no.174, situated at Begumpur, Tehsil Hauz Khas, New Delhi -
110017. The ownership of the plaintiff No.3 Shri Anil Tyagi shall be 15
percent and ownership of the plaintiff No.1 Vipin Kumar AND 2
Peeyush Kumar jointly shall be 85 percent.
(iii). That the defendant (or his heirs) will provide all help and
assistance and will sign all the requisite documents and papers, in
order to enable the plaintiffs or their nominee to apply and seeking
mutation of the land firstly, in the name of the defendant and thereafter
in their own name on the basis of the Sale Deed or in any other manner
as may ne prescribed by the revenue authority. All the expenses for the
same shall also be bourn and payable by the plaintiffs or their
nominee. Further, the defendants (or his heirs) shall provide all
necessary information and documents which are in his knowledge and
possession, as may be required from time to time for the said purpose
or any other purpose.
(iv). That the sale is on as is where is basis: and the defendant or any
person claiming under or through him will not be left with any right,
title or interest either in land or things connected and incidental
thereto, in any manner whatsoever. The defendant or any person
calming under or through him shall also not be entitled to any benefit
or claim that may be receivable on the said land or things connected
and identical thereto, which was receivable either before or after the
sale, and the plaintiff or their nominee shall be entitled to the same
solely to the complete exclusion of the defendant or any person calming
under or through him. However, the defendant( or his heirs) will
provide all necessary help and assistance and will sign and execute all
the requisite documents and papers, as may be required by the plaintiff
or their nominee with respect to the land under the sale or with respect
to any claim or benefit receivable."
5. The parties have extended time for completion of the transaction as
detailed in this application. The plaintiffs have agreed to pay the
balance Rs.2.0 crore in the three months from today. Simultaneously,
the defendant has agreed to execute the register the Sale Deed in favour
of the plaintiffs or their nominees. Additionally, it is agreed that in
case the plaintiffs do not pay a sum of Rs.2.0 crore within three months
after the defendant has complied with all the conditions as per the
settlement, the defendant will be entitled to forfeit this amount of
Rs.1.0 crore.
6. Taking into consideration the submissions made and in view of the
settlement arrived at between the parties, the present suit is decreed in
terms of Ex.P-1.
7. Since the matter has been settled at the initial stage, the plaintiff would
be entitled to refund of court fee in terms of Section 16 of the Court Fee
Act.
8. The Court appreciates the efforts put in by the counsel for the parties in
early resolution of the matter. Parties also agree that the defendant
would not sell the property during the period of completion of the
transaction.
9. The application stands disposed of.
10. I.A. 11975/2016 also stands disposed of.
G.S.SISTANI, J
OCTOBER 03, 2016
pst
