1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (LODG.) NO. 2968 OF 2010 Jayasree Nair. .. Plaintiff Vs. Tejpal Singh Trilochan Singh Chadha alias Tejpal Singh Chadha. .. Defendant. Mr. Chirag Balsara a/w Jayesh Vyas i/by Divya Shah Asso. for the Plaintiff. Mr. Vijaysingh Bali for the Defendant. CORAM : S.C.Dharmadhikari, J. DATE : October 15, 2010 P.C. : 1. The Plaintiff has filed this suit for declaration that the Deed of Transfer dated 14.9.2010 is valid, subsisting and binding on the defendant and he is bound and liable to perform all his obligations thereunder. 2. In the plaint it is stated that the Agreement for Sale was registered and 2 the same is dated 16.8.2010. Further, there was a Deed of Transfer executed as the entire consideration in respect of the flat was paid and duly received. The registration of the Deed of Transfer is also admitted. 3. However, the Defendant is refusing to put the Plaintiff in possession. 4. It is stated that the Defendant has clearly divested himself of all the right, title and interest in the property and now cannot back out particularly when the entire consideration is paid and the receipt of it is not in dispute. Even the requisite formalities required to be completed at the end of the Co-operative Housing Society have also been completed. 5. When this matter was placed for urgent ad-interim reliefs, both the sides have appeared through their advocates. The Defendant is present in Court. 6. The Plaintiff and the Defendant have tendered Minutes of Decree on admission duly signed by the Plaintiff and her Advocate and the Defendant and his Advocate. 7. The Defendant confirms that after the suit was filed and notice of today's application was served, there was discussion and in pursuance of the same they have arrived at these terms whereunder the Defendant voluntarily and willingly submits to a decree on admission in terms of prayer clauses (a) to (c) of the plaint and undertakes to this Court to hand over vacant and peaceful possession of the flat more particularly 3 described in clause 2 of the terms with the Car Parking Space No. 14. He undertakes to hand over possesson on or before 18.10.2010. 8. The consequences of default are also provided. 9. In the presence of the parties and considering that these terms amicably put an end to their dispute with regard to the sale of and transfer of the said flat, these terms can be taken on record. The terms are not contravening any provisions of law nor are they contrary to public policy. In these circumstances and both sides having understood the terms with their implications, the terms/minutes are taken on record and marked "X" for identification. Undertaking in clause 2 is accepted. 10. Any breach or violation of this undertaking will be viewed an an act of civil contempt because the undertaking is given willingly and the date is also accepted with the consent of the defendant. Therefore, this Court will initiate appropriate proceedings. 11. Similarly, if the Defendants fails to hand over vacant and peaceful possession to the Plaintiff, Court Receiver will stand appointed who will have liberty to dispossess the Defendant with necessary police assistance. The Local Police is directed to render all assistance to the Receiver to implement this Court's order. 12. It is admitted that there are no claims of any third party and the Defendant is in possession and presently residing therein. 13. There will be a decree in terms of this Minutes. Suit disposed of 4 accordingly. 14. All concerned to act on an authenticated copy of this order. ( S.C.Dharmadhikari, J. )