ANJANA VIJ Vs. KRISHAN DEV

JUDGEMENT

(1.) This is a suit for specific performance of the agreement to sell dated 20th April, 2006 and for grant of injunction. The case of the plaintiff is that vide an agreement to sell dated 20th April, 2006, defendant No.1 agreed to sell plot No.50 measuring 100 sq. meters at Rangapuri, Vasant Kunj, New Delhi to her for a consideration of Rs.3 lakhs and received a sum of Rs.2,90,000/- from him leaving a very small amount of Rs.10,000/- as the balance sale consideration. It is also alleged that the plot, subject matter of the agreement was initially allotted by the DDA to the father of defendant No.1, who died on 18th March, 2006 and defendant No.1, claiming to be the sole successor of his father, entered into the abovementioned agreement with the plaintiff. Since defendant No.1 failed to execute the sale document in favour of the plaintiff, she is seeking specific performance of the agreement and injunction restraining defendant No.1 from selling, transferring or assigning the aforesaid plot to any person.

(2.) In his written statement, defendant No.1 has alleged that one Sukhbir Singh approached him in March, 2006 and enquired as to whether he had been allotted any plot by the DDA in its rehabilitation programme. When he told him that no plot had been allotted to him, Sukhbir Singh told him that his name figured in the serve list of 1971-72 for allotment of plots and further told him that he could help in getting a plot allotted to him from the DDA.

(3.) I.A. No.3125/2010 has been filed by Karambir Singh, Hanumat Singh, Bhim Singh, Rajesh Kumar and Sharbati Devi. Sharbati Devi is the mother of defendant No.1 whereas the other applicants are his brothers. It is alleged in the application that the plaintiff is seeking specific performance of an agreement to sell with respect to a property, which is co-owned by the applicants, defendant No.1 and two other persons namely Shakuntala and Suresh Bala, who are the sisters of defendant No.1. Their case is that since late Rishal Singh died intestate, all of them inherited the aforesaid plot being his Class-I legal heirs.