R N BAKSHI Vs. VARUN KUMAR DATT

JUDGEMENT

(1.) By this Order I shall dispose off the plaintiff's application under Order XXXIX Rules 1 and 2 and Defendant's application under Order XXXIX Rule 4 for setting aside ex-party injunction.

(2.) The plaintiff has filed the present case for Specific performance of an Agreement for the purchase of properties bearing No. 25 and 26, Double Storey, New Rajinder Nagar, New Delhi. The execution of the Agreement is not in dispute. Plaintiff-No. 2 and the Defendant are siblings, and Plaintiff No. 1 is the husband of plaintiff No. 2 and the brother-in-law of the Defendants. The plaintiffs are in possession of the suit property. In the Agreement dated 14th April, 1993, the total sale consideration was recorded as Rs. 20,00,000.00 and an advance of Rs. l,00,000.00was given. It was agreed that Rs. 5,00,000.00 will be paid within three months and another Rs. 5,00,000.00 within six months from the date of executing of this Agreement. It is further agreed that the balance amount of Rs. 9,00,000.00 will be paid at the time of registration of the property.

(3.) The further covenant was that the Defendant will obtain requisite clearance certificates from the appropriate Authorities under the Income Tax Act, the L.& D.O., DDA, MCD etc. Till 4.7.1995, the plaintiff had paid a sum of Rs. 3,30,000.00 by various instalments.