NEHRU PLACE HOTELS LTD Vs. KANTA AGGARWAL

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 27.11.1997 whereby the suit of the Respondent/Plaintiff for specific performance with respect to showroom/space No. 20, on upper Ground Floor, Block E, in the building known as International Trade Tower, Nehru Place, New Delhi was decreed on payment of escalation and related charges by the Respondent/Plaintiff to the Appellant/Defendant.

(2.) The facts of the case are that the Respondent/Plaintiff as a buyer and the Appellant/Defendant as the seller/builder entered into an Agreement on 6.10.1976 for sale of leasehold rights of covered area of 403 square ft., being portion No. 24, on ground floor in block A of the building which was to be constructed by the Appellant/Defendant at a hotel plot, in Nehru Place, Kalkaji, New Delhi. On the hotel plot, the Appellant/Defendant was to construct a multi-storey building, which was to include a hotel, shopping arcade, showrooms, commercial spaces, etc. in accordance with the lease executed in favour of the Appellant/Defendant by the superior lessor, the Delhi Development Authority.

(3.) The Respondent/Plaintiff after making the initial payment of Rs. 24,000/- on 6.9.1976, paid further additional amounts as per the schedule of payment, and out of the total sale consideration of Rs. 1,70,500/-, a total sum of Rs. 1,62,000/- was paid to the Appellant/seller. Thus a balance of only Rs. 8,500/-, remained payable, subject, of course, to the rights of the Appellant/Defendant to claim, inter-alia, amounts towards escalation charges in terms of Clause 18 of the Agreement dated 6.10.1976, Ex.PW1/1.