MANJIT KOHLI Vs. SUDHA RAMCHANDANI

JUDGEMENT

(1.) This is a suit for specific performance and injunction.

(2.) The defendant alongwith her husband entered into an agreement to sell with the plaintiff of the complete first floor of the building S-133, Greater Kailash-II, New Delhi including garage and a servant quarter on the ground floor for a consideration of Rs.9,00,000.00with the proportionate right in the land underneath. The stamp papers for the agreement were purchased on 7/11/1988. The total consideration money of the sale of the said flat was paid on 8/11/1988 by as many as four cheques and by way of one FDR of Rs. one lac. This FDR was kept in abeyance out of the consideration money as a security towards the amount if any payable towards tax and other charges. Besides the agreement to sell the defendant and her husband executed an indemnity bond in Favour of the plaintiff and special power of attorney in favour of one Shri Charan Pal Singh to execute all the relevant papers.

(3.) The possession of the property was delivered to the plaintiff on the date of the receipt of the consideration money i-e. 8/11/1988 by way of a letter of possession duly signed by the defendant and her late husband. One of the terms of the agreement to sell was that the defendant and her husband were to obtain an income tax clearance certificate of the sale of the said property from the office of the Income Tax Officer concerned under Section 230(a ) of the Indian Income Tax Act within 60 days from the date of the request.