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

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