DRAFT..
COMPROMISE DEED
This Compromise Deed has been executed on the
day of January 2018 between Xxx. through its Director xxx at: xxxxxxx
(hereinafter referred as First Party/Owner)
AND
Xxx
S/o Xxx R/o xx being legal heir of xxx & also representing other legal heir
xx & xx who had relinquished their right, title or
interest in favour of xx (hereinafter referred as Second Party/Occupant)
WHEREAS the first party of the present Compromise
Deed had purchased the entire property bearing no. xx from xx . in the year 2009.
AND WHEREAS due to some controversy in between
the first and second party both the parties lead litigations against each other
and some civil as well as criminal cases are pending in the Court of Law in Delhi.
AND WHEREAS the parties of the present
compromise deed for the purpose of meeting of amicable settlement in between
them had discussed with each other and arrived at inexplicable settlement
towards the possession and occupation of the area of the property bearing no. xxx on the basis of certain terms and conditions
which are enumerated hereinafter and after the satisfaction of terms &
conditions framed herewith the parties of the present compromise deed shall close
all kinds of proceedings whether Civil or Criminal pending in the Court of law
on the basis of present compromise which have been arrived without experience
of any pressure, threat, coercion, fraud and compromise deed have been signed
by the free will and clear intention. Now this compromise deed witnessed as
under:
1.
THAT the first party shall take over the
possession from the second party of the entire area occupied and being used by
the second party.
2.
THAT the first party for the satisfaction of the
interest of the second party the first party shall pay Rs. 50 Lac to the second
party by way of demand draft in the name Xxx who is also representative of
other legal heirs of xx who expired on xx
living behind xx Wd/o xx & xx D/o xx vide a relinquishment deed dated xx duly notarized from the notary public on
26.08.2017. The second party declares that except the above legal heirs there
are no other legal heirs of late xx .
3.
THAT the first party shall remit the demand
draft of Rs. 50 Lac with xx , Advocate and the said demand draft shall be
delivered to the second party at the time of receipt of vacant physical
possession in occupation of second party.
4.
THAT after handing over the peaceful vacant
portion against receipt of Rs. 50 Lac to the second party there shall remain no
right, title, interest or connection of any kind whatsoever with premises no xx
.
5.
THAT the first party shall withdraw the Civil
Suit filed by first party against the second party in the Hon’ble High Court on
the forthcoming date in pursuance of the present compromise. Simultaneously,
the second party shall withdraw the Civil Suit which is pending in the Hon’ble
Court of xx : ADJ: xx and also criminal
complaint pending in the Court of xx : MM: xx .
6.
THAT both the parties of the present
compromise deed agreed that they shall not make any kind of claim in any form
or manner and also shall not file any case against each other in pretext of the
premises occupied by the second party or in the course of litigations filed by
either party in the Court of law.
7.
THAT the present compromise have been arrived
between the parties at their own free will and wish and therefore both the
parties shall remain bound to the terms and conditions of the compromise deed
with a spirit of honesty and boundation.
8.
THAT this agreement cum
memorandum of understanding contains ____ pages including Stamp Paper.
9.
IN WITNESS WHEREOF THE respective Parties of
present Compromise Deed have set their respective hands on this Compromise Deed
on the day, month and year first above written after duly reading and
understanding its contents, in the presence of the following witnesses:-
WITNESS:
1.
(xxxx)
(FIRST
PARTY)
i.
(xx )
(SECOND PARTY)
xx
xxxx
CONFIRMING PARTY