KHEM CHAND Vs. TIKA RAM

JUDGEMENT

(1.) Appellant herein was the owner of property No. 1809, bearing Khasra No. 128 (New) and 431 (Old), Khatoni No. 293, measuring 350 Sq. Yds., situated in Panna Mamurpur, Narela Delhi. He entered into an Agreement to Sell dated 18.7.1995 with the Respondent for a consideration of Rs. 2,00,000/ - as earnest money at the time of execution of the Agreement to Sell. As per the Agreement, Sale Deed was to be expected within a period of 11/2 years from the date of execution of the Agreement to sell on payment of balance sale consideration amount. At the time of execution of Agreement to Sell, appellant had handed over the original Title Deeds of the property as well as possession of the property to the Respondent However, appellant failed to execute the Sale Deed in terms of the Agreement to sell though Respondent was ready and willing to pay the balance amount of Rs. 1,00,000/ -.

(2.) Appellant apparently refused to execute the Sale Deed because of appreciation in value of the suit property over a period of 11/2 years. Respondent accordingly filed a suit for specific performance of Agreement to sell dated 18.7.1995. Trial Court while decreeing the claim of the Respondent for specific performance observed: -

(3.) Appeal filed by the appellant challenging the judgment and decree of the Trial Court dated 11.09.2006 was dismissed as barred by period of limitation.