Y S MANCHANDA Vs. NAND SINGH

JUDGEMENT

(1.) This is an application for recalling the compromise order dated 5th October, 2005 passed on an application under Order 23 Rule 1 of CPC read with Section 151 thereof being IA No.8006/2005.

(2.) Under the settlement, the Agreement to Sell dated 17th December, 2002 which the defendants had executed in favour of the plaintiff stood cancelled subject to the defendants paying an amount of Rs.30 lacs to the plaintiff. Since a sum of Rs.8 lacs had already been paid to the plaintiff, five cheques for a total amount of Rs.22 lacs were handed over to the plaintiff in Court on that date. The suit was dismissed as withdrawn subject to the cheques given to the plaintiff being honoured.

(3.) It has been alleged in the application that during the pendency of this suit, the vendors had been threatening and coercing the plaintiff who then was 69 years old and was otherwise ill, by threatening that they wanted the property for their own use and will never part with the same and thereby prevailed upon the plaintiff to call off the agreement and compromise the suit. It has also been alleged in para 12 of the application that the vendors had applied pressure and threat of criminal prosecution by filing fabricated documents on the Court file purporting to be transcript of some taped incriminating conversation with the plaintiff. It has also been alleged that the defendants sold the property within five months of obtaining the compromise order by executing four separate sale deeds in respect of four portions of the building, for a total sale consideration of Rs.1,55,00,000/- as against the consideration of Rs.3,07,00,000/- which the plaintiff had agreed to pay to them and thereby they have caused loss of revenue to the Government in the form of stamp duty and income tax by taking a few crores of rupees over and above the agreed sale consideration. The plaintiff has sought annulment of the sales effected by the vendors in favour of respondents No.6 and 7 and has also sought conveyance of the property to him against the agreed sale consideration of Rs.3,07,00,000/- along with physical possession of the property. It has been further prayed that if the Court is of the opinion that directing sale of the property to the plaintiff is not possible, in that case he may be awarded compensation amounting to Rs.1,73,55,000/- along with interest thereon at the rate of 8% per annum.