VIJAY GUPTA Vs. GURSHARAN SINGH SANDHU

JUDGEMENT

(1.) WITH the consent of the parties, IA No. 10268/2010 is being taken up today for disposal. Hence, this application stands disposed of. This is an application for amendment of plaint. The plaintiff has filed this suit claiming specific performance of an Agreement to Sell dated 27th March 2004 in respect of a flat No. 113 on first floor of New Delhi house 27, Barakhamba Road, New Delhi. The case of the plaintiff, as set-out in the plaint, is that the defendant (Gursharan Singh Sandhu) on 27 th March 2004, being the owner of the aforesaid flat, entered into an agreement to sell the same to him for a total consideration of Rs.38,80,400/- and a sum of Rs.1,00,000/- was paid to the defendant as advance, which was acknowledged vide receipt dated 27 th March 2004. It is also alleged that on 27th March 2004 the plaintiff and the defendant (Gursharan Singh Sandhu) had also agreed that the Sale Deed will be completed by getting the same entered in the record of the builder within two months or so and the balance payment would be made on receipt of necessary clearance/permission from the builder/civil authorities and receipt of possession by the plaintiff. It is also alleged that the defendant had not come forward to complete the formalities despite repeated requests from the plaintiff and was trying to sell the flat to some other person at a higher price.

(2.) THE defendant (Gursharan Singh Sandhu) filed written statement contesting the suit. It was alleged in the written statement that the defendant was not sole owner of the suit property, Smt. Tripat Kaur, mother of the defendant, Roopan Sandhu, sister of the defendant and Har Charan Singh Sandhu (HUF) being the other co-owners. THE receipt, however, was not denied in the written statement.

(3.) IA No. 6338/2006 was allowed vide order dated 22nd April 2008 after notice to the proposed additional defendants i.e. Mr. Har Charan Singh Sandhu (HUF), Ms. Tripat Kaur and Ms. Roopan Kaur Sandhu. It would be pertinent to note here that the application for their impleadment was not opposed by Mr. Har Charan Singh Sandhu (HUF), Ms. Tripat Kaur and Ms. Roopan Kaur Sandhu as is noted in the order dated 22nd April 2008.