Rajmohan Agarwal Vs.
Smt. Amna Abubakaer & ANR.  INSC 1901 (7 November 2008)
E IN THE SUPREME
COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5231 OF 2000
Rajmohan Agarwal ....Appellant Versus Smt. Amna Abubakar & Anr.
CIVIL APPEAL NO. 5796 OF 2000 Shashi Mohan Agarwal ....Appellant Versus Smt.
Fatima Ahmad & Ors. ....Respondents WITH CIVIL APPEAL NO. 5797 OF 2000
Rajmohan Agarwal ....Appellant Versus Smt. Amna Abubakar ...
CIVIL APPEAL NO. 5798 OF 2000 Shashi Mohan Agarwal ....Appellant Versus Smt.
Fatima Ahmad & Ors. ....Respondents
four appeals are directed against the judgment and decree passed in four First
Appeals, Smt. Fatima Ahmed alias Begum Rashiduddin Siddiqui & 2 others),
Appeal No. 174/1995 (Rajmohan (Rajmohan Agarwal vs. Smt Amna Abubakar &
Another) and Appeal No. 206/1995 (Shashi Mohan Rashiduddin Siddiqui & 2
others), passed by a 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
appeals were heard for a considerable length of 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.
parties have taken some time to look into the question whether an amicable
settlement can be arrived at and finally mentioned before us that they have
agreed to an amicable settlement in the following manner:- 3 [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.
[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.
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
on compromise on the following terms and conditions:- 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
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 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
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.
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 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.
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
appeals are disposed of on compromise on the terms and conditions as mentioned
hereinabove. There will be no order as to costs.
[ARIJIT PASAYAT ]
[TARUN CHATTERJEE ]
8 [LOKESHWAR SINGH PANTA]