Rajesh Kumar vs Rakesh Kumar Verma & Another

Sandeep Sharma, J

OMP No.293 of 2020.

Heard.

This application under Order 23 Rule 3 of the Code of Civil Procedure (Ex.C-1) has been moved jointly by both the parties praying therein that the compromise arrived interse parties may be brought on record of the case and that the suit for specific performance of agreement filed by the plaintiff against the defendants be disposed of in terms of the compromise. The application is supported by affidavits of plaintiff and defendants No.1 and 2. The application is accordingly allowed.

CS No.96 of 2018

This suit is disposed of in terms of compromise entered into between the parties recording the terms and conditions on which the parties have settled all the differences interse amongst themselves. Terms and conditions of the compromise as mentioned in para-3(A) to (R) of OMP bearing No.293 of 2020 (Ex.C-1) are reproduced hereinbelow:-

A. "That the defendant No. 1 has agreed to execute and register the sale deed in favour of plaintiff as per agreement dated 13.8.2017 in respect of the land comprised of Khata Khatuni no. 7/5, Khata Khatuni no. 8/7 no. Khasras 1116 to 1120, 1122, 3235/2905/1141 Kita 7 measuring 118.12 sq. mts. and land measuring 16.24 Sq.Mtrs, a portion of land in front 118.12 Sq.Mts, comprised in Kh.No.1121 situated at Mohal Haripur (Gunnu Ghat) Nahan in a total sale consideration of Rs.64 lacs (Sixty four lacs only)

B. That on the date of agreement the defendant No. 1 has received a sum of Rs.2,00,000 as part payment of sale consideration from the plaintiff.

C. That the plaintiff shall obtain necessary permission for the purchase of land from the Government of Himachal Pradesh and after receipt of permission the plaintiff will inform the defendant No.1 in writing and within two months from the receipt of writing by defendant no.1, the defendant No.1 shall get the deed registered in favour of the plaintiff and the balance sale consideration of Rs.62 lacs shall be paid at the time of registration of the deed to defendant No.1 and no payment will be made to defendant No.2 by plaintiff for 16.24 Sq. Mts which is included in total sale consideration of 64 lacs.

D. That in case the permission for the purchase of land is declined by the government in that event the defendant No.1 shall execute the deed in the name of any person of the choice of the plaintiff.

E. That it is clarified that the defendant No. 1 has purchased the suit property through registered sale deed dated 13-10 - 2015 bearing registration no. 960/2015 from Sh.Vinod Kumar. The rights of path which has been granted by Sh.Vinod Kumar to the defendant no.1 has been specifically mentioned in the sale deed and the same are being used/enjoyed by the defendant No.1 from the time of purchase of property without any interference or obstruction. All the rights which has been acquired by defendant No. 1 through sale deed from Sh.Vinod Kumar the same shall also be transferred/enjoy by the plaintiff. It is also clarified in this compromise that one Sh.Karun Kumar Gautam has filed a civil suit against defendant No. 1 in the court of Learned Senior Civil Judge Nahan claiming the right of path and in the said suit a compromise was arrived by which out of the court mutually the defendant No. 1 has paid a sum of Rs.25,000 in respect of path to Smt. Meena Gautam wife of Sh. Karun Kumar Gautam.

F. That the possession of the entire suit property is already with the plaintiff as per agreement dated 13.8.2017.

G. That the property mentioned above is still free from all encumbrances.

H. That at present the part of the suit property measuring 16.24 sq.mts. which is a part of no. khasra 1121 is recorded in the ownership of defendant No. 2 Smt.Himani Bansal and the sale deed for this area is also to be executed in favour of plaintiff and the defendant No. 2 has agreed to transfer the same alongwith defendant No.1 by executing sale deed in favour of plaintiff/his nominee.

I. That the path existing in Khasra No.1123, (which come from main market through stairs) total area of which is measuring 18.30 Sq. Mts is in joint ownership of defendant No.2 and one Mr. Karun Kumar Gautam. The defendant No.2 has agreed to sell half of her share in this path i.e. 4.57 Sq. Mts out of 9.15 Sq. Mts of this path in favour of plaintiff.

J. The defendant No.2 has raised the construction over Kh. No.1121 leaving open area of 16.24. Sq. Mts . The defendant No.2 has kept a path in the ground floor of Kh.No.1121 for her own use width and length of this is one meter, and 15 mts respectively. and defendant No.2 has agreed the use of this path by the plaintiff in Kh. No.1121. It is agreed further that though the plaintiff has every right to use this path but he will not open any window/door towards this path

K. That similarly the path existing in Kh.No.3234/2905/1141 total measuring 42.68 Sq. Mts is also in joint ownership of Himani Banal, Defendant No2. and Mr.Karun Kumar Gautam and defendant No.2 has also agreed to sell half of her share in favour of Plaintiff out of this path also.

L. That the plaintiff has also agreed that Defendant No.2 will have right to use the passage in Kh.No. 3235/2905/1141 and plaintiff will not object for same.

M. That the defendant No. 1 and 2 will also cooperate with the plaintiff in preparing necessary papers for getting permission from the Government of Himachal Pradesh.

N. That in case the defendants No.1 and 2 fails to execute the sale deed in favour of the plaintiff or any other person as stated above in that event the plaintiff shall be entitle to execute the compromise/decree through process of law.

O. That the charges in respect of the sale deed shall be borne by the plaintiff.

P. That the parties/their successors/representatives shall be bound by the terms of the compromise.

Q. That the compromise shall form the part of the decree.

R. That the parties have entered into compromise out of their free will voluntarily without any pressure or influence etc."

In view of the aforesaid terms and conditions of the compromise arrived at between the parties, as mentioned in Ex.C-1, the suit, pertaining to the landed property comprised in Khata Khatuni No. 7/5, 8/7 Khasra Nos.1116 to 1120, 1122 3235/2905/1141, Kita 7, measuring 118.12 Sq.Mts. and land measuring 16.24 Sq.Mts., a portion of land in front 118.12 Sq.Mts, comprised in Kh.No.1121 situated at Mohal Haripur (Gunnu Ghat), is decreed. Let a compromise decree be drawn up and terms and conditions of the compromise, as mentioned in para-3(A) to (R) of Ex.C-1, shall form part of the decree. It is clarified that the parties shall be bound by all the terms and conditions of the compromise, as mentioned in para-3(A) to (R) of Ex.C-1. Court fee be refunded to the plaintiff in accordance with law.

All the miscellaneous applications are disposed of.

All interim orders are vacated.