CANARA BANK Vs. K.L. RAJGARHIA

JUDGEMENT

(1.) The Appellant before this Court is the unsuccessful Plaintiff in a suit[1] for Specific Performance, and the Respondent is the Defendant in the suit. (The parties hereinafter are referred to by their respective ranks in the suit.) The Single Judge[2] of the Delhi High Court[3] had decreed the suit filed by the Plaintiff against the Defendant, directing the Defendant to execute a Registered Sale Deed in favor of the Plaintiff, based on the Agreement to Sell[4] dtd. 27/12/1984. This judgment and decree of the Trial Court was challenged in RFA (OS) No. 47 of 2009 by the Defendant before the Division Bench of the High Court which came to be allowed by the impugned order dtd. 8/5/2012 and dismissed the Plaintiff's suit with respect to specific performance. However, directed the refund of the consideration already paid by the Plaintiff. This order of the Division Bench of the High Court is now assailed before this Court in the present appeal by the plaintiff.

(2.) The plaintiff and defendant entered into an agreement to sell dtd.: 27/12/1984, wherein the defendant agreed that he would sell the property bearing Plot No. 9, Block B, East of Kailash[5] for a sum of Rs.32,07,500..00 According to the Agreement the Defendant was responsible for construction of 8 (eight) flats on the schedule property in following terms:

(3.) Disputes arose between the parties regarding the Registration of the agreement and therefore the Plaintiff filed a Suit for Specific Performance, contending the following: