Late Shri Jagjit Singh vs Shri Ram Kumar
2022 Latest Caselaw 73 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                   ON THE 4th DAY OF JANUARY, 2022




                                                                      .
                                     BEFORE





             HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





                         CIVIL SUIT NO. 52 OF 2018


Between:-
    SHRI HARMEET SINGH, SON OF





    LATE SHRI JAGJIT SINGH, RESIDENT
    OF 93, PURSHARTHI BASTI, LOWER
    BAZAR, SHIMLA
                                                                        ....PLAINTIFF

(BY SHRI G.C. GUPTA, SR. ADVOCATE WITH MS. MEERA,

ADVOCATE)

AND
    SHRI ANIL KUMAR, SON OF LATE


    SHRI RAM KUMAR, RESIDENT OF
    ANIL BUILDING, BELOW KANGNADHAR,
    DISTRICT SHIMLA
                                                                .......DEFENDANT




(BY MR. H.S. UPADHYAY AND MR. NAVEEN AWASTHI,





ADVOCATES)
Whether approved for reporting?





This petition coming on for evidence this day, the Court passed the following:

                                    JUDGMENT

Present suit has been filed for specific performance

of Agreement dated 19th August, 2016 executed between the

parties and for issuing a direction to defendant to execute the

sale deed in terms of agreement and put the plaintiff in

possession of property agreed to be sold i.e. second and third

floor of the building standing on Khewat Khatauni No. 85/249,

Khasra No. 4135 covering an area of 87 square metres in mauja

Petyog, (Vikas Nagar), Tehsil and District Shimla HP.

.

2 Today plaintiff and defendant are present in person.

Learned counsel for parties have informed that matter has been

compromised and amicably settled between the parties.

3 Statement of defendant, recorded on oath, reads as

under:-

"I am defendant in present case. Plaintiff has filed suit for specific performance of Agreement to Sell,

but, now matter has been amicably settled with

plaintiff and in terms of compromise, I have agreed to pay Rs.43 lacs to plaintiff in two installments. First installment will be of Rs.21 lacs, which shall be paid

by me on or before 15th April, 2022 and second installment of Rs.22 lacs on or before 30th June, 2022 in lieu of specific performance of contract. Plaintiff

has also agreed to accept the aforesaid amount as

full and final settlement of claim. It is therefore prayed that suit may be decreed in terms of compromise. I am making this statement

and have also compromised the matter out of my free will, consent, and also without any kind of threat, coercion or pressure etc."

4 Statement of plaintiff, recorded on oath, reads as

under:-

"I have filed suit for specific performance. The matter has been amicably settled. As per compromise, I have agreed to accept Rs.43 lacs as full and final settlement of my claim in two

installments as stated by defendant in his statement. I endorse the statement of defendant to

.

be true and correct. Suit may be decreed as per

compromise.

I am making this statement and have also

compromised the matter out of my free will, consent, and also without any kind of threat, coercion or pressure etc."

6 In view of above, suit is decreed in terms of

compromise directing the defendant to pay Rs.43 lacs to the

plaintiff as agreed in two installments i.e. first installment of

Rs.21 lacs on or before 15th April, 2022 and second installment of

Rs.22 lacs on or before 30.06.2022 as a full and final settlement,

failing which, in addition to other civil consequences, the

defendant shall also be liable for violation of undertaking given

in Court. Statements of parties shall form the part of decree.

7. Registry to refund Court fee, as permissible under

law.

Pending miscellaneous application(s), if any, also

stand disposed of accodingly.

January 04, 2022                            (Vivek Singh Thakur)
 (ms)                                              Judge