JIGARBHAI BHARATBHAI SHAH Vs. FATESINH MOHANSINH CHOUHAN

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, heard finally.

(2.) This Writ Petition impugns a settlement reached by the parties to settle Special Civil Suit No.27 of 2011 ('Suit') that had sought specific performance of a registered agreement for sale and conveyance of agricultural land bearing Survey No. 72/P admeasuring 7-32 Acres situated in the Union Territory of Dadra ('Subject Land').

(3.) The Petitioner, Jigarbhai Bharatbhai Shah ('Jigar') has submitted that Respondent No. 1, Fatehsinh Mohansinh Chouhan ('Chouhan'), claimed to have reached an agreement with one Late Mr. Hirachand Fulchand Shah ('Hirachand') to acquire the Subject Land for a sum of Rs.2,19,60,000,.00 for which he is said to have paid Rs.4,00,000.00 to Hirachand. Possession of the Subject Land is said to have been handed over to Chouhan by Hirachand on February 21, 2007. An agreement for sale was executed and registered on May 15, 2008 and a sum of Rs.16,50,000.00 is also said to have been paid to Hirachand. The balance consideration was to be paid against registration of a conveyance deed.