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AGREEMENT UNDER ORDER XXXVI, RULE 1,CPC

This Deed of Agreement is made on this 4th day of June, 2025, between:

1. Mr. Rajesh Sachdeva, aged about 30 years, son of Mr. Prem Sachdeva, residing at B-42, East Patel Nagar, New Delhi, hereinafter referred to as the “First Party”;

AND

2. Mr. Prakash Khanna, aged about 35 years, son of Mr. Ram Khanna, residing at B-65, East Patel Nagar, New Delhi, hereinafter referred to as the “Second Party”.

WHEREAS:

  • A dispute has arisen between the above-named parties.
  • Full particulars of the said dispute have been set out in Annexure 1 attached hereto.
  • The parties are desirous of obtaining the opinion of the Competent Court on the following legal questions in accordance with Order XXXVI Rule 1 of the Code of Civil Procedure, 1908, read with Section 90 CPC.

QUESTIONS REFERRED TO THE COURT:

(a) Whether the ownership of the property bearing No. B-50, East Patel Nagar, New Delhi, belongs to the First Party or the Second Party?
(b) Whether the alleged agreement to sell dated 15th March, 2025, is valid and enforceable in law?
(c) Whether the Second Party is liable to pay compensation for unlawful possession from 15th March, 2025 onwards?

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

  1. That the disputes mentioned in Annexure 1 shall be referred to the Competent Civil Court, which shall render its opinion on the legal questions stated above.
  2. That if the Court finds in favor of the First Party, the Second Party shall pay an amount of ₹5,00,000/- (Five Lakhs Rupees) as compensation to the First Party.
  3. That if the Court finds in favor of the Second Party, the First Party shall pay an amount of ₹3,00,000/- (Three Lakhs Rupees) to the Second Party as compensation.
  4. That both parties declare that they have voluntarily entered into this agreement after fully understanding its contents and implications.

IN WITNESS WHEREOF, the parties have set their hands to this agreement on the day, month, and year first mentioned above in the presence of the undersigned witnesses.

Signature: _______________________
(Mr. Rajesh Sachdeva, First Party)

Signature: _______________________
(Mr. Prakash Khanna, Second Party)

WITNESSES:

  1. Mr. RAJIV MEHTA, resident of 789, Lakeview Road, Aligarh
  2. Ms. ANITA SRIVASTAVA, resident of 321, Lotus Enclave, Kurnool