URVASHI AGGARWAL (SINCE DECEASED) THROUGH LRS AND ANOTHER Vs. KUSHAGR ANSAL (SUCCESSOR IN INTEREST OF ERSTWHILE DEFENDANT NO.1 MRS. SURAJ KUMARI) AND OTHERS

JUDGEMENT

(1.) Leave granted. 1. The correctness of the judgment of the High Court, affirming the judgment of the Trial Court, by which the suit for specific performance filed by the Appellant and his mother Smt. Urvashi Aggarwal (since deceased) was dismissed, is the issue in the above appeal. The parties are being referred to as they are arrayed in the suit.

(2.) The plaint averments are that Justice Chander Bhan Aggarwal, father-in-law of the First Plaintiff (Smt. Urvashi Aggarwal) took the first and second floors of the property at 82, Jor Bagh, New Delhi on rent from Smt. Suraj Kumari (since deceased). After the death of Justice Chander Bhan Aggarwal in 1973, the tenancy of first and second floors of the property was transferred to M/s Vinod Industries Limited (of which the First Plaintiff was a Director). On 05.10.1974, the First Plaintiff and her son Rajiv Chander Aggarwal (since deceased) entered into an agreement with Smt. Suraj Kumari (original Defendant No. 1) for the sale of the above property ('Agreement'). The consideration for the sale of the property was fixed at Rs. 1,85,000/-. The relevant conditions pertaining to the payment of the amount of consideration and the other rights that were conferred on the parties were mentioned in the plaint. According to the Plaintiffs, the sale deed had to be executed by the Defendant No. 1-Smt. Suraj Kumari after obtaining permission from the Land and Development Office (L&DO) and from the Income Tax Department. It was stated that the Plaintiffs paid an amount of Rs. 20,000/- on 05.10.1974, Rs. 40,000/- on 31.01.1975 and Rs. 10,000/- on 26.12.1975. According to them, they were put in proprietary possession of the premises on payment of Rs. 70,000/- as stipulated in the Agreement.

(3.) M/s Vinod Industries stopped paying the rent to Smt. Suraj Kumari as it had become a tenant of the Plaintiffs as per the Agreement. The tenant of the ground floor- Shri A.C. Deb had to pay the rent to the Plaintiffs as per the Agreement. The Plaintiffs permitted the First Defendant to collect the rent from Shri Deb, the tenant of the ground floor which would be adjusted later against the balance amount payable by them towards the sale consideration. Shri Deb died in 1985 and his wife continued to live on the ground floor. Mrs. Deb vacated the ground floor premises at the end of September, 1987. After Mrs. Deb vacated the ground floor, the Defendants started making repairs. On an enquiry made by the Plaintiffs, the Defendants informed them that the Defendant No. 4 intended to occupy the ground floor for which reason the repairs were being made. The Plaintiffs demanded specific performance of the Agreement on 13.10.1987 but the Second Defendant refused to convey the property which gave rise to a cause of action to file the suit. The Plaintiffs stated that from 1975 onwards the First Plaintiff's husband was continuously enquiring with the Second Defendant about the status of the permission by the L&DO. He was being informed that the permission was not granted. The Plaintiffs pleaded that they were always ready and willing to perform their part of the Agreement and alleged that the Defendants were guilty of breach of the Agreement. On the basis of the said averments, the Plaintiffs sought a decree for specific performance and a direction to the Defendants to execute the sale deed for the suit property, a prohibitory injunction restraining the Defendants from occupying or permitting others to occupy the ground floor of the said property, and a mandatory injunction to the Defendants to remove the wall constructed on the side gate of the property.