SHRI RAJEEV MEHRA Vs. SUDHIR KUMAR

JUDGEMENT

(1.) Plaintiff has filed this suit, inter alia, for specific performance of Agreement to Sell dated 15th February, 2001 and in alternative it has been prayed that a money decree for returning the sum of Rs.23,00,000/ -(rupees twenty three lacs only) together with interest @26% per annum with effect from 15 February, 2001 be passed; besides a decree of damages to the tune of Rs.40,00,000/ -(rupees forty lacs only) with interest be also passed.

(2.) Along with the suit, IA No. 638/2004 was filed by the plaintiff seeking injunction. By way of ex -parte order dated 3rd February, 2004, defendant was restrained from selling, transferring, alienating or creating any third party interest in the suit property, i.e., terrace on the second floor of the building No. 33, NH -IV, Lajpat Nagar, New Delhi. Defendant has filed IA No. 1089/2004 seeking vacation of ex -parte injunction order dated 3rd February, 2004.

(3.) It is alleged in the plaint that vide Agreement to Sell dated 15th February, 2001 defendant had agreed to sell the full terrace rights of the second floor in the property bearing No. 33, NH -IV, Lajpat Nagar, New Delhi to the plaintiff for a total sale consideration of Rs.40,00,000/ -(rupees forty lacs only). A sum of Rs.15,00,000/ -(rupees fifteen lacs only) was paid by the plaintiff to defendant towards earnest money on 15th February, 2001 against receipt. Plaintiff was even put in possession of the terrace on 15th February, 2001 and an affidavit in this regard was sworn by the defendant. Subsequently, another sum of Rs.8,00,000/ -(rupees eight lacs only) was paid by the plaintiff to the defendant on 10th April, 2001 against receipt. This amount was paid to the defendant as he had represented that he required this amount for making payment to get the leasehold rights of the suit property converted into freehold. With this payment, Rs.23,00,000/ -(rupees twenty three lacs only) stood paid to the defendant. However, defendant did not come forward to execute the Sale Deed despite repeated requests. On 8th March, 2003, plaintiff along with one Shri Gurinder Singh went to the suit premises but was not allowed to go to the second floor by the defendant and four goons who were present with him. Plaintiff and Shri Gurinder Singh were manhandled by them. Defendant took out a revolver and threatened the plaintiff and Shri Gurinder Singh to run away lest they would be killed. Accordingly, plaintiff and Shri Gurinder Singh returned from the premises. On 16th March, 2003, plaintiff along with his father and Shri Gurinder Singh again went to the office of defendant at about 11:30 AM and requested him to return Rs.23,00,000/ -(rupees twenty three lacs only) received by him along with interest in case defendant was not willing to execute the sale deed. On this occasion, plaintiff was beaten up by the defendant. Plaintiff lodged a complaint with Police Station Lajpat Nagar on 17th March, 2003, but no action was taken. Accordingly, plaintiff filed a criminal complaint before the Metropolitan Magistrate wherein local police was directed to take appropriate action, consequently, FIR No. 329/2003 under Ss. 420/406/456/380/341/506 IPC was registered on 16th April, 2003 at Police Station Lajpat Nagar. Defendant had illegally trespassed the suit property on 1st March, 2003, thus, he was liable to pay damages to plaintiff. Plaintiff was and/is always ready and willing to perform his part of the agreement.