The court enforced the specific performance of the Agreement to Sell based on the amicable settlement reached between the parties.

G.S. SISTANI, J.

1. Present suit has been filed by the plaintiff for specific performance of an Agreement to Sell dated 25.07.2015.

2. In this matter summons were issued in the suit on 27.09.2016, when the counsel for the defendant had entered appearance and accepted the summons. This Court had directed the parties to remain present in Court on the next date of hearing, i.e., today. This Court had also enquired from the plaintiffs as to whether the plaintiffs are ready and willing to purchase the suit property. Since the answer was in the positive, the defendant was also asked as to whether he was ready and willing to sell the property. He also agreed for the same.

3. As per the plaint, the plaintiffs entered into an Agreement to Sell dated 25.07.2015 with the defendant for purchase of land measuring 3 bighas 14 biswas in Khasra nos.359/170, 167, 363/172, 186, Khewat no.50, Khatoni no.98 to 100 and Khasra no.334/206, Khewat no.92, Khatoni no.174, situated at Begumpur, Tehsil Hauz Khas, New Delhi. Total sale consideration was fixed at Rs.3.0 crores, out of which a sum of Rs.1.0 crore was paid to the defendant. Balance Rs.2.0 crore was to be paid at the time of execution of the Sale Deed. The plaintiffs were apprehensive that the defendant is trying to wriggle out of the execution of the Sale Deed which has led to the filing of the present suit.

4. Today a joint application under Order XXIII Rule 3 of the Code of Civil Procedure has been handed over in Court. (Registry is directed to register this application). The three plaintiffs, namely, Mr. Vipin Kumar, Mr. Peeyush Kumar and Mr. Anil Tyagi are present in Court. They are duly identified by their counsel. The defendant, Sh. Nazmuddin Ahmad Khan is also present. He is also identified by his counsel. The parties submit that they have entered into an amicable settlement. They identify their signatures on each page of the application and affidavits filed in support of the application. The settlement application is marked Ex.P-1. It would be useful to reproduce the terms of the settlement agreement between the plaintiffs and the defendant:-

“(i). That the plaintiffs shall pay the balance sale consideration of Rs.2,00,00,000/- (Rupees Two crores only) to the defendant within a period of three months from the date of the order/decree passed by this Hon’ble Court.

(ii). That the defendant while receiving the balance sale consideration shallsimultaneously execute and register the sale deed in favour of the plaintiffs or their nominee with respect to the entire land measuring 3 bighas 14 biswa in Khasra Nos. 359/170, 167, 363/172, 186, Khewat no.50, Khatoni no.98 to 100 and Khasra no.334/206, Khewat no.92, Khatoni no.174, situated at Begumpur, Tehsil Hauz Khas, New Delhi 110017. The ownership of the plaintiff No.3 Shri Anil Tyagi shall be 15 percent and ownership of the plaintiff No.1 Vipin Kumar AND 2 Peeyush Kumar jointly shall be 85 percent.

(iii). That the defendant (or his heirs) will provide all help and assistance and will sign all the requisite documents and papers, in order to enable the plaintiffs or their nominee to apply and seeking mutation of the land firstly, in the name of the defendant and thereafter in their own name on the basis of the Sale Deed or in any other manner as may ne prescribed by the revenue authority. All the expenses for the same shall also be bourn and payable by the plaintiffs or their nominee. Further, the defendants (or his heirs) shall provide all necessary information and documents which are in his knowledge and possession, as may be required from time to time for the said purpose or any other purpose.

(iv). That the sale is on as is where is basis: and the defendant or any person claiming under or through him will not be left with any right, title or interest either in land or things connected and incidental thereto, in any manner whatsoever. The defendant or any person calming under or through him shall also not be entitled to any benefit or c