NARESH JAIN Vs. KRISHNA RANI

JUDGEMENT

(1.) THE instant suit has been filed to claim reliefs of specific performance and possession. THE specific performance is sought by the plaintiff qua an agreement to sell dated 25.09.1995 (Ex. P-1) in relation to an immovable property situate at 58, Block B, Dera Ismail Khan Co-operative Housing Building Society Limited, Delhi consisting of basement, ground floor, first floor, second floor alongwith roof, admeasuring 173.33 sq. yds. (hereinafter referred to as ,,the said property). In addition to the above, the plaintiff has made consequential prayers requiring appointment of a court official to execute the sale deed in his favour in the event the defendant refuses to comply with the decree of specific performance in order to effectuate the sale. Similarly, prayer is also made to the effect that the defendant be directed to pay arrears of water, electricity and house tax upto the execution of the sale deed or in the alternative, the plaintiff be permitted to adjust the amount against the balance consideration payable to the defendant. THEre is one other prayer of the plaintiff whereby, the plaintiff seeks damages on account of delay in execution of the sale deed and for use of money given as advance by the plaintiff to the defendant under the afore-mentioned agreement to sell (Ex.P-1).

(2.) THERE is no dispute, it appears, with respect to the fact that the plaintiff paid towards sale consideration a sum of Rs 6,50,000/- in three tranches; the first two tranches were in the sum of Rs 2 lacs and the third was in the sum of Rs 2,50,000/-. The payments were made by the plaintiff evidently on 23.09.1995 (Ex.P-2), 24.09.1995 (Ex.P-3) and 25.09.1995 (Ex.P-4). This fact, as noticed above, has not been disputed by the defendant.

(3.) IN support of their pleadings, the plaintiff cited two witnesses these being: Mr Naresh Jain (PW-1) and Mr Ramesh Kumar (PW-2); while the defendant examined only one witness i.e., Mr Ashok Malhotra (DW-1), the son and power of attorney holder of the defendant. The examination-in-chief of witnesses was carried out by way of affidavits of evidence.