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Pawan Garg v. Begum Manawar Ul Nisa - RSA-3520-2004 [2006] RD-P&H 3322 (19 May 2006)

R.S.A. No.3520 of 2004 -: 1 :-


R.S.A. No.3520 of 2004 (O&M)

Date of decision: May 30, 2006.

Pawan Garg



Begum Manawar Ul Nisa


Present: Shri ADS Jatana, Advocate for the appellant.

Shri Amarjit Markan, Advocate for the respondent.

Surya Kant, J. (Oral)

CM No.5171-C o0f 2006

Notice to learned counsel for the respondent.

Shri Amarjit Markan, Advocate accepts notice.

The prayer in this application is for amendment of the plaint.

By virtue of this amendment, the applicant/appellant/plaintiff wants the relief of specific performance to be incorporated. Learned counsel for the defendant-respondent states that since a compromise has been effected between the parties, he does not have any objection to the relief sought in this application.

In view of the aforementioned stand taken by learned counsel for the defendant-respondent, the application is allowed. The applicant/appellant/plaintiff is permitted to amend the suit as prayed for.

For the purpose of disposal of this appeal, the amended plaint as contained R.S.A. No.3520 of 2004 -: 2 :-

in Annexure A-1 is taken on record.

CM No.5169-C of 2006

Notice to learned counsel for the appellant.

Shri ADS Jatana, Advocate accepts notice.

Heard Learned Counsel for the parties.

This joint application under Order 23 Rule 3 CPC has been moved by the appellant and the respondent with a prayer that in view of the compromise arrived at between them, as incorporated in the compromise deed dated 28th

May, 2006 (Annexure C-1), this appeal may be allowed and consequently the amended suit filed by the appellant-plaintiff for specific performance and permanent injunction may be decreed and the counter- claim filed by the defendant-respondent may be dismissed. As per the compromise deed (Annexure C-1), the above said reliefs are to be granted in favour of the plaintiff subject to his paying a sum of Rs.3 crores as the total sale consideration to the defendant-respondent out of which Rs.45 lacs have already been paid as earnest money and another sum of Rs.1 crore has been paid by way of bank draft No.003048 dated 29.5.2006, drawn on Canara Bank. It has been further agreed that the balance sale consideration amounting to Rs.1.55 crores shall be paid by the plaintiff-appellant to the defendant-respondent at the time of execution of the sale deed.

Learned Counsel for the plaintiff-appellant, on instructions from the appellant, who is stated to be present in person and has been so identified by his learned counsel, states that the contents of the agreement (Annexure C-1) are correct.

Similarly, Learned Counsel for the defendant-respondent, on instruction from his client, who too is present in court and has been R.S.A. No.3520 of 2004 -: 3 :-

identified by him, admits the compromise arrived at between the parties vide Annexure C-1.

In this view of the matter and in terms of the compromise deed dated 29th

May, 2006 (Annexure C-1), this appeal is allowed; the impugned judgments and decrees passed by the courts below are set aside and the suit as amended by the appellant-plaintiff, is decreed subject to the condition that the parties shall abide by the compromise deed dated 29th May, 2006

(Annexure C-1). As a result, the counter-claim filed by the defendant- respondent is dismissed.

May 30, 2006. [ Surya Kant ]

kadyan Judge


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