MALIK MOHAMMED TAHSEEN Vs. SYED AIJAZ HASAN

JUDGEMENT

(1.) In this suit the Plaintiff seeks decree for specific performance of a contract for purchase of Flat No. 22, Zakir Bagh, New Delhi, (hereafter called "the suit property").

(2.) The facts, to the extent they are undisputed by the parties in their pleadings, are that the Plaintiff entered into an agreement on 21.03.2006 for purchase of the suit property for a total consideration of Rs. 3 75 lakhs. The Agreement to sell is embodied in a written document marked as Ex. P-1. The Defendant is concededly the owner of the suit property. The relevant terms of the agreement marked as Ex. P-1 are extracted below:

(3.) The Plaintiff used to live in Zambia; he had entered into the agreement to purchase the suit property with the Defendant. It is submitted that this was with the intention to settle down in that property. There is no dispute that Rs. 35 lakhs had been paid to the Defendant on or before 14.05.2006. The Plaintiff had alleged in the suit that a bank draft for Rs. 9 lakhs dated 16.05.2006 was received by the Defendant; the latter however, denies it. The Plaintiff had also alleged having paid Rs. 23 lakhs in cash on 14.05.2006 and having paid Rs. 10 lakhs - out of that amount- to the Plaintiff's attorney. This too has been denied.