*1* s.2812.08.910.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2812 OF 2008 WITH NOTICE OF MOTION Nos.2403 and 2404 OF 2010 WITH CHAMBER SUMMONS NO.226 OF 2011 Vanita Jaisingh. ..Plaintiff -versus- R.Umarani w/o Late Maj.S.Ramalingam. ..Defendant ............ Mr.K.R.Iyengar, for the Plaintiff. The Defendant Ms.R.Umarani, present in person. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 18th November, 2011. P.C.: 1 This is a suit for specific performance of an Agreement for Sale of immovable property which is more particularly described in the agreement, copy of which is annexed to the plaint itself, so also, described in paragraph 2 of the consent terms. 2 The Defendant is widow of Late Major S.Ramalingam. Apart from the deceased husband, no other person has any right, title and interest in the subject flat. After death of husband, the Defendant is the owner of the said flat along with her children. She states that her children have settled abroad. After death of her husband, she is residing alone at Chennai. The property is situated at Mumbai. The instant suit is filed against her in this Court at Mumbai. However, due to her husband's death, her children have been insisting her to stay abroad along with them. Therefore, she has decided to go abroad. Before she goes and stays abroad for nearly 5 to 6 years, she is interested in disposing of the said *2* s.2812.08.910.sxw immovable property and putting an end to the dispute. She has discussed the matter with children and they have also agreed to the arrangement which has been arrived between the Plaintiff and Defendant. 3 It is stated that the Plaintiff and the Defendant have settled the matter. It is stated by the Defendant that she is ready and willing to unconditionally transfer and sale the said flat to the Plaintiff on receipt of consideration that is agreed between parties, namely, Rs.65 lacs only. She, therefore, submits that the suit for specific performance be decreed in terms of the consent terms that are arrived at between the parties. 4 The Defendant has further stated that the Plaintiff has executed the agreement with her and thereafter, has been requesting her to transfer the flat in her name. She has stated that the Plaintiff has duly complied with all obligations that are stipulated in the agreement and was always ready and willing to comply with them. However, on account of difficulties and some differences, the arrangement could not be finalized. 5 Now, owing to advanced age and deciding to reside abroad with her children for substantial part of her life, that the Defendant has taken a decision willingly, on her own and without any force or pressure of anybody or middle man, to transfer the subject flat in favour of the Plaintiff on receipt of Rs.65 lacs in full and final consideration. 6 The Plaintiff and the Defendant, both, are present in the Court. The Defendant does not read and write in English. However, she can speak in Hindi. To certain queries that I have put to her in the Court, she fluently answered the same in Hindi. She states that the terms have been explained to her in Hindi by her Advocate and she agrees that they fully and properly record the arrangement between the parties. She has no complaint or grievance with regard to any of the clauses in the terms. 7 Equally, the Plaintiff is present in the Court. She states that *3* s.2812.08.910.sxw she has signed the terms on her own and has agreed to part with the sum after mutual discussion. She is anxious to conclude the deal and does not wish to wriggle out of the deal. She is ready and willing to complete the transaction by executing necessary documents so as to perfect the title. 8 In these circumstances, though the relief of specific performance is discretionary, that I am satisfied that in peculiar facts to this case, the parties have shown their bonafides. The disputes and differences have been resolved and settled amicably. The parties have agreed to complete the transaction in terms of the agreement and the contents of the said agreement have been confirmed and acceptable all throughout. 9 In such circumstances, in the presence of parties, the consent terms are taken on record and marked “X” for identification. The affidavit of Defendant is also taken on record and marked “X-1” for identification. The Defendant states that she has engaged an advocate, namely, Mr.E.Anandan, however, she has informed the said advocate that she wishes to discharge him and execute the consent terms. The said communication is duly received by the said Advocate. In these circumstances, Mr.E.Anandan is discharged as an Advocate for the Defendant. There will be an order in terms of the consent terms as they do not contravene any provisions of law or public policy. The suit is disposed of in terms of the consent terms. Refund of the court fees as per rules. There will be no order as to costs. 10 All interim proceedings and interim orders, if any, do not survive in the light of disposal of the suit and the same are also disposed of. (S.C. Dharmadhikari, J)