Tripura High Court
Sri Sankar Debnath vs Smt. Sanhita Datta on 15 March, 2024
HIGH COURT OF TRIPURA
AGARTALA
RFA No.27 of 2022
Sri Sankar Debnath
S/O Late Haralal Debnath,
Resident of A.D. Nagar, Suryapara,
P.S.- A.D. Nagar, District- West Tripura.
----Appellant-plaintiff
Versus
1. Smt. Sanhita Datta
W/O Late Nilanjan Datta
2. Sri Dipanjan Datta
S/O Late Nilanjan Datta
3. Smt. Chandni Datta
D/O Late Nilanjan Datta
All are resident of Ramnagar, Road no-5, First Crossing,
P.O.-Ramnagar, P.S.-West Agartala, District-West Tripura.
---- Respondents-Defendants
For Appellant(s) : Mr. S. Das, Adv.
For Respondent(s) : Mr. T. K. Deb, Adv.
Date of hearing &
Judgment & Order : 15.03.2024
Whether fit for
reporting : NO
HON'BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order(Oral)
Learned Counsel Mr. S. Das is present for the appellant
and Learned Counsel Mr. T. K. Deb is present for the
respondent.
The Coordinator, Mediation Centre, High Court of
Tripura, Agartala has submitted the report which is placed in
the file for perusal and further necessary order.
At this stage, Learned Counsel for the appellant
submitted that the dispute has been amicably settled amongst
the parties through mediation and as such the parties submitted
a written settlement-agreement for disposal of this appeal.
Considered.
This appeal is preferred under Section 96 read with
order XLI of Code of Civil Procedure against the judgment dated
22.12.2021 and decree dated 05.01.2022 delivered by Learned
Civil Judge, Sr. Division, Court No-4, West Tripura, Agartala in
T.S. 41 of 2017. The suit was filed for specific performance of
contract for sale of land.
In course of hearing, Learned Counsel for the parties
fairly submitted that the terms and conditions for settlement of
dispute amongst the parties have been reduced into writing in
presence of the mediator, the parties and their respective
counsels. For the sake of convenience, the terms and conditions
as per terms of settlement reduced into writing are narrated
hereinbelow:
"1. That on 12.03.2024, the parties jointly measured
the suit land with the help of a survey knowing
person and found that the physical measurement of
the suit land is actually 0.0604Acre instead of
0.070Acre within the same schedule as mentioned
in the Plaint in T.S 41/2017.
2. That the respondent defendants agreed to sell
and the appellant plaintiff agreed to purchase the
said suit land measuring 0.0604Acre,
@Rs.1,50,00,000/-(Rupees One Crore Fifty Lacs
only) per Kani as both the parties find the said as
the appropriate market rate of the said suit land
measuring 0.0604Acre. The value of the land
measuring 0.0604Acre is Rs.22,66,493(Rupees
twenty two lacs Sixty Six thousand four hundred
and Ninety-three only).
3. That the appellant plaintiff today paid
Rs.6,00,000/-(Rupees Six Lacs only) vide Cheque
no.000379 dt.12.03.2024 drawn on Bank of Baroda,
Ramnagar Branch as advance of consideration
amount to the respondent Defendants and the rest
consideration amount will be paid at the time of
execution of the Sale Deed. It is also agreed that the
appellant plaintiff shall bear the cost of Registration
of the said Sale Deed.
4. That after execution of the Sale Deed regarding
the aforesaid suit land measuring 0.0604Acre, the
parties shall again jointly identify other land of the
respondent defendants and both the parties shall
cooperate in the said process.
5. That the transfer procedure of the said suit land
measuring 0.0604Acre shall be completed within
one month from the date of execution of this
Mediation Agreement. Completion of this sale
procedure will be considered as the performance of
the Agreement for Sale dt.05.01.2016 between the
parties and the parties shall not have any more
demand to each other relating to the said
Agreement for Sale dt.05.01.2016.
6. That if any of the parties fails to comply with the
terms and conditions of this Mediation Agreement,
the aggrieved party may take steps as per law for
enforcement of this Mediation Agreement.
7. That both parties have entered into the present
agreement without any pressure, coercion, fear or
undue influence from any side.
8. That the parties shall remain bound by the terms
of the present agreement and both the parties shall
co-operate for the performance of the same."
From the above, it appears that the appellant of this
appeal has paid Rs.6,00,000/-(Rupees Six Lacs only) vide
cheque No.000379 dt.12.03.2024 drawn on Bank of Baroda,
Ramnagar Branch as advance of consideration amount to the
respondent-defendants and the rest consideration amount will
be paid at the time of execution of the Sale Deed. After
execution of the Sale Deed regarding the suit land measuring
0.0604 acres, the parties shall again identify other land of the
respondent-defendants and both the parties shall cooperate in
the said processes and it was further decided to complete the
process of sale within a period one month in pursuance of
Agreement for sale dated 05.01.2016 and the parties shall not
have any more demand to each other relating to the said
Agreement for sale dt.05.01.2016.
In view of the above, after hearing Learned Counsel of
both the parties, this Court feels it prudent to accept the
aforesaid terms of settlement amongst the parties.
Accordingly, the same is accepted.
In the result, the present appeal is disposed of without
contest amongst the parties of this appeal in pursuance of the
terms of settlement of agreement made through mediation on
12.03.2024. The accepted terms of settlement of agreement
amongst the parties through mediation shall form part of this
decree.
It is expected that both the parties shall abide by the
terms of settlement arrived amongst them through mediation at
an earliest.
Prepare decree accordingly.
A copy of this order be furnished free of cost to Learned
Counsel of both the parties.
Send down the LCRs along with a copy of this Judgment
and order.
JUDGE
SABYASACHI Digitally signed by SABYASACHI
BHATTACHARJEE
BHATTACHARJEE Date: 2024.03.20 19:55:35 -07'00'
Deepshikha
