Raj Mohan Agarwal v. Amna Abubakar & Anr.

Case Details & Bench

Court: High Court
Hon'ble Judges: Dr. Arijit Pasayat
Tarun Chatterjee
Lokeshwar Singh Panta
Judgment Date: 2008-11-07
Court Decision / Holding: The suit for specific performance is decreed on the compromise terms. The judgments and decrees of the courts below are set aside. The portion marked 'B' in Annexure AA2 forms part of the order and shall be transferred to the appellants. The appeals are disposed of on compromise on the terms and conditions specified above. There will be no order as to costs.
Final Disposition: Appeals disposed of on compromise; no costs.

Parties to the Case

Appellants / Petitioners

Raj Mohan Agarwal

Respondents

Amna Abubakar
Anr.

Legal Representation & Advocates

Counsels for Petitioners

• Siddharth Bhatnagar
• Pawan Kumar Bansal
• Ruby Singh Ahuja
• Sushil Kumar Jain
• Puneet Jain
• Archana Tiwari
• Ashwin V. Kothmath
• S.K. Sinha
• Pratibha Jain

Counsels for Respondents

• Siddharth Bhatnagar
• Pawan Kumar Bansal
• Ruby Singh Ahuja
• Sushil Kumar Jain
• Puneet Jain
• Archana Tiwari
• Ashwin V. Kothmath
• S.K. Sinha
• Pratibha Jain

Case Synopsis & Summary

These four appeals arise from four suits filed for specific performance of a contract for sale of land in Madhya Pradesh. The High Court at Jabalpur had affirmed the trial court’s dismissal of the suits and related appeals. On hearing, the Supreme Court suggested an amicable settlement to avoid protracted litigation, and the parties agreed to a compromise. Under the terms, the portion of the land already sold to third parties would remain undisturbed and be accepted as final; the appellants would purchase the remaining unsold land at market value. After an inquiry, the court fixed Rs. 5500 per square foot for 24,477.89 sq ft, totaling Rs. 13,46,29,000. The payment schedule required Rs. 4 crores within one month, with the balance to be paid in five equal monthly installments. In default, the suit would be dismissed and the appellants would have no claim to the land. If paid in full, the respondents would execute registered deeds of sale and hand over vacant possession within a month. The suits were decreed on the compromise terms, the earlier judgments set aside, and the appeals disposed of on compromise with no costs.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants sought enforcement of the contract for sale (specific performance). On account of protracted litigation, the Court encouraged an amicable settlement. The compromise provides that the portion of land already sold will not be disturbed and the remaining unsold land will be sold to the appellants at market value. The Court fixed the valuation at Rs. 5500 per sq ft for 24,477.89 sq ft, amounting to Rs. 13,46,29,000, with Rs. 4 crores payable within one month and the balance in five equal monthly installments; default would lead to dismissal and loss of any land rights. Upon timely payment, the respondents would execute deeds and deliver possession. The suits would be decreed on these terms, with lower judgments set aside, and no costs.

Contentions of Respondents

The respondents concurred with the proposed settlement, agreeing that the unsold land would be valued at Rs. 5500 per sq ft and transferred to the appellants upon payment under the stipulated schedule. They accepted that the already-sold portions would stand as final and that possession would be delivered after payment. They sought to avoid protracted litigation by endorsing compromise terms and accepted no costs in the outcome.

Extracted Judgment Text

Exact text extracted from official judgment records.

~ ~ A 1 ·~ . (2008) 15 S.C.R. 968 ## RAJMOHAN AGARWAL _v._ i3 AMNA ABUBAKAR & ANR. (Civil Appeal No. 5231 of 2000) · '\ NOVEMBER 07, 2008 **[DR. ARIJIT PASAYAT, TARUN CHATTERJEE AND LOKESHWAR SINGH PANTA, JJ.]** ## _Settlement/Compromise:_ ## c _Suit for specific performance of contract of sale of property- Decreed_ - _Affirmed by High Court_ - _Appeal befo(e Supreme Court_ - _Suggestion to parties to amicably settle the dispute_ - _Settlement_ - _One portion of property already[Appel/an( agreed ][to ]_ D _[sold ][to ][respondents accepted as final ]_[-] _purchase remaining area of the property at market rate_ - _Statement of parties that rate suggested by Court would be_ · _acceptable to all of them_ - _After making enquiries, Rs.5500 per sq. feet fixed_ - _Compromise between parties approved_ E _[on certain terms and conditions. ]_ _'r_ CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5231 of 2000. From the final Judgm~nt and Order dated 19.12.1997 of F[the High Court ][of ][Madhya Pradesh at Jabalpur ][in ][Civil First ] Appeal No. 204 of 1995. . ,,)., ## WITH C.A. Nos 5796, 5797 & 5798 of 2000. ., G Siddharth Bhatnagar, Pawan Kumar Bansal, Ruby Singh Ahuja, Sushil Kumar Jain, Puneet Jain, Archana Tiwari, Ashwin V. Kothmath, S.K. Sinha and Pratibha Jain for the appearing parties. 1 968 H 969 RAJ MOHAN AGARWAL _v._ AMNA ABUBAKAR & ANR. > _[} ]_ .. ~ .... ;. _-t_ I A ## The Judgment of the Court was delivered by **TARUN CHATTERJEE, J.** 1. These four appeals are directed against the ju~gment and decree passed in four First Appeals, being Appeal No. 173/1995 ( _Shasi Mohan Agarwal_ . _Vs. Smt. Fatima Ahmed alias Begum Rashiduddin Siddiqui_ B & _2 others),_ Appeal No. 174/1995 _(Rajmohan Agarwal Vs. Smt. Amna),_ Appeal No. 204/1995 _(Rajmohan Agarwal vs. Smt Amna Abubakar_ & _Another)_ and Appeal No. 206/1995 ( _Shashi Mohan Agarwal Vs. Smt. Fatima Ahmed alias Begum Rashiduddin Siddiqui_ & _2 others),_ passed by a c Division Bench of the High Court of Madhya Pradesh at Jabalpur, confirming the judgment and decree of the trial court in a suit for specific performance of a contract, by which the suit and the appeals were dismissed. B 2. These appeals were heard for a considerable length of D time, it was suggested by the Court that in the facts and circumstances of the case, the parties may explore the possibility of an amicable settlement. Accordingly, the parties have taken some time to look in.to the question whether an amicable settlement can be arrived at and finally mentioned E before us that they have agreed.to an amicable settlement in the following manner:- E [I] The portion of the property already sold by the respondents herein to Smt. Poonam Chokse and Smt. Rasmani Jaiswal by way of different sale deeds will not be disturbed and will be accepted as final and conclusive. F [II] The appellants shall purchase the remaining area (i.e. the portion of the land not sold by the respondents) at the current market value. G 3. Pursuant to the amicable settlement arrived at between the parties, and the parties having broadly settled their dispute as to the valuation of the property on the terms and conditions as indicated hereinabove, these appeals can be disposed of H 970 SUPREME COURT REPORTS [2008] 15 S.C.R. ~ _I_ ## A on compromise on the following terms and conditions:- B c D E F G a) The total area of the land was 49,259 Sq. Ft., out of which 24,477.89 marked 'B' in the sketch map annexed with the affidavit filed on behalf of the respondents as Annexure AA2 is still in possession of Begum Fatima Ahmed & Smt. Amna Abubaker (respondents herein). Since the parties have agreed that the portion of the property already sold by the respondents in favour of one Smt. Poonam Chokse and Smt. Rasmani Jaiswal shall not be disturbed and shall be accepted as final and conclusive, only the possession of the remaining area namely, 24,477.89, marked 'B' in the sketch map -Annexure AA2 shall be handed over to the appellants by the respondents at a consideration mentioned hereinafter. The parties before us through their learned counsel have suggested that whatever rate that is ·fixed by this Court shall be accepted by all of them. That being the stand taken by the parties before us and after making an enquiry we find that if Rs.5500/- per sq. feet is fixed as the valuation of the aforesaid unsold portion of the land in question, the estimated price would come to Rs.13,46,29,000 (Thirteen Crores Forty Six Lakhs and Twenty Nine Thousand) [Rs. 5500 X 24,478 (round off)]. Therefore, we fix the rate of the land at Rs.5500/- per sq. ft. which comes to Rs.13,46,29,000/- (Thirteen crores forty six lakhs and twenty nine thousand) to be paid by the appellants to the respondents. b) Out of the aforesaid total amount of Rs.13,46,29,000/- (Thirteen crores forty six lakhs and twenty nine thousand), a sum of Rs.4 crores shall be paid by the appellants to the respondents within one month and the balance amount of )... _-::·_ . .,. ~ ~ { H 971 _f )_ ; # RAJ MOHAN AGARWAL _v._ AMNA ABUBAKAR & ANR. [TARUN CHATIERJEE, J.] Rs.9,46,29,000/- (Nine Crores Forty Six Lacs and Twenty Nine Thousand) shall be paid by five equal monthly installments, starting from the date of the payment of the 1st Installment. A c) In default of payment of any of the installments, as directed above, the suit for specific performance shall stand dismissed and the appellants shall not be entitled to any portion of the land in dispute as indicated in the sketch map [Annex. AA2 ] annexed with this order. 8 c d) If the appellants duly pay the aforesaid amount of Rs.13,46,29,000/- (Thirteen crores forty six lakhs and twenty nine thousand) to the respondents within the time specified hereinabove, the respondents shall execute registered deeds of sale in favour of o the appellants in respect of the land as indicated in the sketch map (Annexure-AA2) and also shall hand over vacant peaceful possession to the appellants within a month from the date of paying the aforesaid total amount. E 4. The suit for specific performance accordingly filed by the appellants shall stand decreed on the aforesaid terms and conditions and the judgments and decree of the courts below shall stand set aside and the portion marked B of Annexure AA2 which forms part of the order and decree shall stand transferred in favour of the appellants. F 5. The appeals are disposed of on compromise on the terms and conditions as mentioned hereinabove. There will be no order as to costs. G D.G. Appeals disposed of.