AJITPALSINGH S/O NIRMALSINGH KHALSA Vs. HAJI HARUN ABDUL SHAKUR
HIGH COURT OF BOMBAY
Ajitpalsingh S/O Nirmalsingh Khalsa
Haji Harun Abdul Shakur
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Shalini Phansalkar Joshi, J. -
(1.) This revision raises some interesting questions of law relating to applicability of principles of res judicata, provisions of Section 47 CPC and Section 21 of the Legal Services Authority Act, 1987. Revision is directed against the order dated 21/11/2015 passed by the Jt. Civil Judge (SD) Amravati in Spl. C.S.No.337/2010 thereby rejecting the contention raised by the petitioner that the suit was not maintenable as it was barred by res-judicata and various other provisions of law.
(2.) Facts, necessary for deciding this revision, can be stated as follows :
Respondent No.1 herein, has agreed to sell the area admeasuring 2149 sq. ft. with the construction thereon, to the petitioner by executing agreement for sale dated 16/11/2004 for valuable consideration of Rs.10,00,000/-. On the date of agreement itself, petitioner has paid Rs.5,00,000/- to respondents as earnest money. The sale deed was to be executed on or before 16/10/2005. The said agreement was confirmed by executing a supplementary agreement between the parties, at the time of which additional amount of Rs.1,00,000/- was paid to the respondent on 16/11/2004. Another supplementary agreement dated 15/03/2005 also came to executed between the parties under which the petitioner herein paid the balance consideration also. However, the respondent failed to execute the sale deed as per the agreement. Hence the petitioner was constrained to file Spl. C.S. No.206 of 2005 for specific performance of the contract against the respondent.
(3.) When respondent received the summons of the said suit, he appeared in the Court and engaged his counsel. At that time respondent and his counsel proposed the petitioner to amicably settle the dispute. Accordingly joint pursis came to be filed by both the parties before the Court and matter was put up before the Lok Adalat on 16/10/2005.
Accordingly on 16/10/2005 both the parties appeared before Lok Adalat and the matter was settled and compromised between them on the terms and conditions that the respondent shall pay Rs.6,50,000/- to the petitioner vide two cheques of Rs.3,25,000/- each drawn on HDFC Bank Ltd., Amravati. It was further agreed that if the said cheques are dishonoured and the amount of Rs.6,50,000/- was not paid by respondent to the petitioner on or before 26/03/2006, then petitioner shall be entitled to get the sale deed executed through the Court. He was also held entitled to get possession of the suit property from the Court.;
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