SH. HARVINDER SINGH Vs. SH. SURESH KUMAR TEHRI

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 18.3.2011. By the impugned judgment, the trial Court decreed the suit for specific performance filed by the respondent/plaintiff with respect to the subject/suit property being flat No.J -2/100A, DDA Flats, Kalkaji, New Delhi (hereinafter referred to as the "suit/subject property").

(2.) THE facts of the case are that an agreement to sell and purchase was executed on 27.9.2004 between the parties, the respondent/plaintiff being the prospective purchaser and the appellant/defendant being the prospective seller. The total sale consideration fixed for sale of the suit property was Rs. 6 lacs and out of which a sum of Rs.1,15,000/ - was paid to the appellant/defendant as advance money. The balance sale consideration of Rs.4,85,000/ - was agreed to be paid on or before 31.3.2005 at the time of execution of the sale deed and handing over possession of the suit property. The appellant/defendant gave the title deeds of the suit property to the respondent/plaintiff. The respondent/plaintiff further paid a sum of Rs.60,000/ - to the appellant/defendant on 1.10.2004. When the respondent/plaintiff approached the appellant/defendant on 30.3.2005 to execute the sale deed, the appellant/defendant requested for one month time to arrange an alternative accommodation for shifting from the suit premises. When the respondent/plaintiff again asked the appellant/defendant to execute the Sale Deed on 30.4.2005, again the appellant/defendant asked for time. A second agreement/document was entered into between the parties on 25.5.2005. On account of the failure of the appellant/defendant to execute the sale deed, the respondent/plaintiff filed a police complaint and on registering of an FIR, the appellant was arrested and thereafter released on bail. Ultimately as the appellant/defendant failed to execute the sale deed the subject suit for specific performance came to be filed.

(3.) AFTER pleadings were complete, the trial Court framed the following issues: