SURESH KUMAR Vs. KAMAL ARORA

JUDGEMENT

(1.) Through this application, the Defendant seeks rejection of the suit.

(2.) The Plaintiff sues for a decree for specific performance. The brief facts necessary to decide the case are that the parties entered into an agreement to sell dated 06.11.2006 in respect of the first floor of property being A-39, East of Kailash, New Delhi. The total consideration indicated in the pleadings is Rs. 25 lakhs. The Plaintiff claims to have paid sum of Rs. 3 crores in fulfillment of the agreement and alleges having approached the Defendant for execution of the sale deed but faced resistance. Alleging these facts, the Plaintiff approached this Court.

(3.) Initially, the Plaintiff had sought damages as an additional and alternative relief. By an amendment, that relief was given-up; the Court recorded the Plaintiff's position that such reliefs were given-up with prejudice on 10.05.2010.