DHANESH CHAUDHRY Vs. S C SINGHAL & ANR

JUDGEMENT

(1.) Pursuant to the parties being referred to the Delhi High Court Mediation and Conciliation Centre, a Settlement Agreement dated 15.10.2015 has been placed on record. The terms and conditions of the settlement have been set out in para 6 thereof.

(2.) Counsels for the parties state that due to oversight, while referring to the site plan marked as Ex.A-1 and enclosed with the Settlement Agreement, it was not mentioned that the area shown in red colour in the site plan has fallen to the share of the plaintiff, the area shown in green colour (marked as A,B,C & D) has fallen to the share of defendants No.1 & 3 and the area shown in blue colour has fallen to the share of the defendant No.2.

(3.) Counsel for the defendants No.1 & 3 confirms the fact that the manner of demarcation of the terrace between the parties as elaborated above by the counsel for the plaintiff is correct. He points out that while drafting the Settlement Agreement, clause 6(h) refers to the fact that the defendants shall vacate and handover the vacant peaceful possession of the servant quarters in their possession to the plaintiff when the construction is completed as per clause 6(d). However, clause 6(g) ought to have been mentioned along with clause 6(d) in clause 6(h) for the reason that overhead tanks placed on top of the servant quarters shall have to be relocated after the servant quarters are reconstructed.