SANDEEP LAKRA Vs. RAJENDER

JUDGEMENT

(1.) IA 9852/2010 (O.39 R.1 and 2 CPC) This is a suit for specific performance of the agreement dated 28.9.2007 alleged to have been executed by the defendants in favour of the plaintiff. The agricultural land owned by defendant No.1 in village Kakrola was acquired by the Government. Thereafter, defendants No.1 and 2, under the scheme of Large Scale Acquisition Development and Disposal of Land in Delhi, framed by Government of NCT of Delhi, applied for allotment of an alternative plot measuring 80 sq.yds. The defendants offered to sell their right, title and interest in the plot, which Govt. of NCT of Delhi had recommended to be allotted to them, to the plaintiff, for a total consideration of Rs.22 lakhs. A part sale consideration of Rs.8 lakhs is alleged to have been paid by the plaintiff to them at the time of execution of the agreement. This was followed by a payment of Rs.5 lakhs on 15.07.2008 and yet another payment of Rs.5 lakhs on 8.12.2008.

(2.) IN a draw held on 5.2.2010, plot bearing No.92, Pocket-10, Block-B, Sector-23 of Dwarka, measuring 66 sq.mtrs. was allotted to defendant No.1. It is alleged in the plaint that on being informed of the allotment by defendants No.1 and 2, the plaintiff made payment of Rs.1,24,150/- to DDA being 10% of the cost of the plot which it had allotted to defendant No.1. It is also alleged that the defendants have now started negotiating with some property dealers in the local for sale of the aforesaid plot. He has, therefore, sought a decree for specific performance of the Agreement to Sell dated 28.09.2007 in respect of the aforesaid plot allotted to defendant No.1 by DDA and has also sought possession of that plot and execution and registration of sale deed on payment of balance amount of Rs.4 lakhs. The alternative prayer made by the plaintiff is for recovery of Rs.38,58,000/- along with interest thereon at the rate of 18% per annum. As an interim relief, the plaintiff is seeking injunction against sale, alienation, transferring and parting with possession of the aforesaid property and raising any construction therein, during pendency of Suit.

(3.) IT is an admitted fact that by the time the agreement dated 28.09.2007 is alleged to have been executed by the defendants in favour of the plaintiff, no plot of land had been allotted to either of the defendants. The plot at Dwarka was allotted to defendant No.1 on 8.6.2010 which would be more than 2 years after the Agreement to Sell is alleged to have been executed. In fact the Agreement to Sell itself refers to the recommendation made by Land and Building Department of Delhi Government to DDA, for allotment of a plot measuring 80 sq.yds. to defendant No.1.