NAVEEN KUMAR Vs. SMT. KHILYA DEVI AND ANR.

JUDGEMENT

(1.) Plaintiff has filed this suit for specific performance of Agreement to Sell dated 31st January, 2008 executed by the defendant no.1 in respect of her 1/3rd share in a piece of land ad measuring 18 bighas and 8 biswas, forming part of Khasra no. 27//14(4-13), 15/1(1-1), 16(4-16), 24(4-11), 33//20/2/2(3-7) in revenue estate of village Kharkahari Jatmal, Tehsil Najafgarh, New Delhi (hereinafter referred to as 'suit property'). Defendant no. 2 has been impleaded in the suit as subsequent purchaser.

(2.) After service of summons upon them, defendant Nos. 1 and 2 entered appearance in Court and have filed separate written statement(s). Defendant no. 1 admitted her thumb impression as also the receipt of Rs. 7 lakhs. She alleged that plaintiff was a property dealer and had approached her for purchase of her property. She informed the plaintiff that her husband was suffering from cancer and she being an illiterate lady was not in a position to fight with her brothers; plaintiff represented that he will get all the formalities completed and on this representation she had agreed to sell the suit property to him and, in fact, rendered full cooperation. However, plaintiff did not fulfill his part of obligation and did not pay the balance sale consideration. She further stated that she has already sold the suit property to defendant no. 2.

(3.) On 5th May, 2011, at the request of counsel for the parties, matter was referred to Delhi High Court Mediation & Conciliation Centre to explore the possibilities of an amicable settlement between the parties. Both the parties along with their advocates participated in the mediation proceedings. Learned Mediator held the proceedings as many as on eight occasions between 23rd May, 2011 and 5th August, 2011. Ultimately, parties succeeded in arriving at an amicable settlement on certain terms and conditions which were incorporated by the learned Mediator in the Settlement Agreement dated 5th August, 2011. Settlement Agreement was duly signed by the plaintiff and defendant no. 2. As regards defendant no. 1, she has affixed her thumb impression. Counsel for the parties have also signed the Settlement Agreement. The Settlement Agreement is marked as Mark C-1.