JAVED CHOWDHARY (DR.) Vs. ANIECE CHOWDHARY (DR.)

JUDGEMENT

(1.) Two brothers are litigating over a property situated at Residency Road, Jammu. It is contended that 1/3rd share in the property as discussed by the learned trial court has been handed over to the defendant/respondent after execution of an Agreement to Sell for an amount of Rs. 12.00 lacs (rupees twelve lacs). It is also admitted that Rs. 11.00 lacs (rupees eleven lacs) have been paid by the respondent/defendant to the plaintiff and remaining Rs. 1.00 lac (rupees one lac) was to be paid at the time of execution of sale deed. Refusal on the part of defendant to execute the sale deed has prompted the petitioner to file a suit for possession of the said property before the trial court. An application for grant of temporary injunction has also been filed. After hearing the parties, trial court has rejected the same. Under these circumstances the present appeal has been preferred.

(2.) I have heard learned Counsel for the parties.

(3.) Perusal of the record shows that a settlement was arrived at between the parties on 13.8.2001 and the same was presented before this Court with the following terms.