Ram Singh v. Mahender Singh & ANR

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 79/2016 & C.M. No.2664/2016 (for stay) RAM SINGH ..... Petitioner Through:

Mr. A.K. Vashishtha, Advocate with petitioner in person.

versus MAHENDER SINGH & ANR ..... Respondents Through:

Mr. Ashish Upadhyay, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 22.08.2016 1.

The petitioner, who is present in person, has handed over the keys of the property bearing No.T-A/92A, Gali No.3, Main Okhla Estate Road, Tuglakabad Extension, Delhi to respondent No.2. He has also handed over the peaceful and vacant possession of the property to respondent No.2.

2.

The learned counsel appearing for the petitioner has submitted that out of the land at Dausa Kalan, Rajasthan, only 11 bighas out of 15 bighas is vacant and there is certain encroachment on the balance four bighas by persons with whom respondent No.2 has entered into an agreement to sell.

He submits that this is contrary to the entire spirit of the agreement inasmuch as in the absence of the vacant CM(M) 79/2016

possession of the entire land, the petitioner would suffer irreparable loss and injury.

3.

The respondent No.2, who is present in person, states that no such agreement to sell has been executed regarding the land at Dausa Kalan, Rajasthan by him. He states that to his knowledge, there is no encroachment on the land and vacant possession of the entire 15 bighas has been handed over to the petitioner in terms of the sale deed.

4.

The petitioner is present in person. He tenders an unconditional apology for the delay in handing over the physical possession of the property bearing No.T-A/92A, Gali No.3, Main Okhla Estate Road, Tuglakabad Extension, Delhi.

5.

In view of the above apology, the contempt proceedings initiated on 8.8.2016 are closed.

6.

The petition stands disposed of. The parties shall remain bound by the terms and conditions of the agreement. JAYANT NATH, J.

AUGUST 22, 2016 'AA'

CM(M) 79/2016