Compromise deed
AK
(Querist) 30 November 2013
This query is : Resolved
Hello Everybody.
We had received property via Gift Deed in 2006. Our registration was cancelled by my uncle unilaterally in 2010. We then filed Writ Petition in High Court to question how did the registrar cancel the registration unilaterally. The Cancellation Gift Deed was set aside and the registration was set in place by the High Court's Decree. In that decree High Court also mentioned a point "Though respondent no. 3 (my uncle) claims possession till date, his plea cannot be accepted, because under Section 90, oral plea is not acceptable."
They had already filed an Injunction Suit against us, which they lost. We then filed an Injunction Suit and we got Permanent Injunction from the City Civil Court.
Now, since they were staying there, we had filed an FIR last year which worked out after we have received the permanent injunction. They can be easily booked as Trespassers now. So now, my uncles know this and are ready to compromise and they want some time to vacate the house.
We are ready to give them some time. Our advocate is saying that this compromise deed will also be recorded in the court and in the given stipulated time (may be 6 months we may assume), if they don't vacate the house, we can put EP (Execution Petition) against them and take court orders where in the police is directed to vacate the house and hand over the possession to us.
Since my uncles are not demanding money, their advocate is saying to give him 2 lacs for all the expenses he incurred in fighting the case against us, also he wants the money at the time when we file the compromise deed in the court.
Kindly advise,
1. Is it correct that if they don't vacate the property in the stipulated time (may be 6 months we may assume), we can get court orders by filing an EP and police will do the needful in returning back our possession?
2. Should I pay that advocate the amount that he is demanding in advance for, or no?
3. What are other ways, that they (The advocate / my uncles) may create problems for us? What are the options open for them?
Kindly advise.
BAALASUBRAMANNYAMM
(Expert) 30 November 2013
you have two options.
(1) Eenthough, a permanent injunction has been granted in your favour, your uncle may prefer an appeal against the said order to an upper court, which in turn takes minimum 2 to 3 years. Or else, he may prolong the civil litigation years together.
(2) It is better to have amicable settlement by paying minimum one lakh or some thing and get out from the issue totally.
So decide your self and these two options are in your court.
ajay sethi
(Expert) 30 November 2013
file consent terms in court . mention words uncle undertake to deliver vacant posession of suit premises within period of 6 months . in event uncle faile to deliver vacant posession you can take action aginst your uncle by taking execution proceedings . whether sum of Rs 2 lakhs is to be paid or not is your decision . you can mention sum of rs 2 lakhs would be paid on delivery of vacant possession of suit premises
Rajendra K Goyal
(Expert) 30 November 2013
Well advised by the experts, nothing more to add.
prabhakar singh
(Expert) 30 November 2013
When a suit of permanent injunction has already been decreed ,in my view you should file EP and compromise in EP case,as it was a gift property ,paying your uncle 1 or 2 lacks now in year 2013 would not be a bad bet to close the litigation for ever.
AK
(Querist) 30 November 2013
Mr. Prabhakar, my uncles don't want money, they say instead of paying us, you pay the advocate. We will pay their advocate, but my concern here is, our advocate says, we will have to pay the advocate at the time of filing the compromise deed and not after we get the possession. I am not comfortable with this idea of my advocate. There are doubts in my mind, what if after the compromise deed is put up, they come up with some new problem for us. So that is my concern. Once the compromise deed is put up and they commit that they will vacate the place, then is there any other way that they can extend it or prolong the litigation by any chance. I want to have your inputs on this. That is my biggest issue.
Kindly advise.
prabhakar singh
(Expert) 30 November 2013
You are right in your concern then as i smell tricky bargain play now between your and your uncles Advs.
AK
(Querist) 30 November 2013
If they accept in the compromise deed that they shall vacate the place in the stipulated time mentioned in the compromise deed, then do they have any option available to deny that or will that affect our injunction decree. Because we have got injunction on the basis of we committing from the start that we are in possession of the property since after the gift deed was executed.
Please put some light on this.
Thanks.
Guest
(Expert) 30 November 2013
Mention every thing in writing if you are going to pay the advocate by demand draft and mention the same with all details in the compromise deed itself and let the deed be countersigned by the advocate also.
malipeddi jaggarao
(Expert) 01 December 2013
I also have similar views as Mr.Prabhakar Singh.
T. Kalaiselvan, Advocate
(Expert) 01 December 2013
I find some foul game in the issue if your advocate is insisting you to pay their advocate that too at the time of filing a compromise memo itself, why dont you ask your advocate to file an EP instead and arrange for compromise later?
R.K Nanda
(Expert) 01 December 2013
agree with experts.
Guest
(Expert) 01 December 2013
Dear Author AK if the advocate him self is willing to counter sign the compromise deed and willing to accept demand draft in his favour on behalf of his client which would also be mentioned in compromise deed he ultimately becomes guarontor and as professional ethics the advocate would honour what had been committed in compromise deed
