RAJMOHAN AGARWAL versus AMNA ABUBAKAR & ANR.

RAJMOHAN AGARWAL versus AMNA ABUBAKAR & ANR.

The decree is made based on mutual settlement: unsold portion to be sold at Rs.5500 per sq. ft., payment terms specified, completion conditional upon fulfillment, and prior sales unaffected.

Parties
Appellant: Rajmohan Agarwal; Respondent: Amna Abubakar; Respondent: Smt. Fatima Ahmed alias Begum Rashiduddin Siddiqui
Jurisdiction
India
Judgment Date
07 November 2008
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court After High Court Judgment
Outcome
Appeals disposed of on compromise; suit decreed as per settlement terms.
Legal Topics
Specific Performance, Settlement, Compromise Admissibility, Sale of Property
Property Law Specific Performance Settlement Compromise Admissibility Sale of Property

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Parties

Rajmohan Agarwal

Appellant

Amna Abubakar

Respondent

Smt. Fatima Ahmed alias Begum Rashiduddin Siddiqui

Respondent

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court After High Court Judgment

Legal Issues

  1. 1 Whether specific performance of contract of sale can be enforced after partial sale of property
  2. 2 Whether settlement terms are just and enforceable

Ratio Decidendi

The decree is made based on mutual settlement: unsold portion to be sold at Rs.5500 per sq. ft., payment terms specified, completion conditional upon fulfillment, and prior sales unaffected.

Court Disposition

Appeals disposed of on compromise; suit decreed as per settlement terms.

Orders

  • Unsold portion of property (24,477.89 sq. ft. marked 'B') transferred to appellants at Rs.5500 per sq. ft., total Rs.13,46,29,000.
  • Rs.4 crores to be paid within one month; balance in five equal monthly installments.