RAJ SINGH & ORS Vs. SUDESH GUPTA

JUDGEMENT

(1.) Vide order dated 1.11.2011 this case was listed for today as no one was present for the respondent on 1.11.2011. Today even in spite of passover, no one appears for the respondent. I have therefore perused the record and am proceeding to dispose of the appeal.

(2.) The challenge by means of this Regular First Appeal under Sec. 96 of the Code of Civil Procedure, 1908 is to the impugned judgment of the Trial Court dated 24.10.2009 by which the suit for specific performance filed by the respondent/plaintiff was decreed.

(3.) The facts of the case are that the respondent/plaintiff filed the subject suit for specific performance alleging that the appellants/defendants had entered into an agreement to sell dated 18.12.1997 (Ex.PW2/3) with them for selling 18 bighas and 19 biswas of land situated in the revenue estate of village Mohammadpur Ramzanpur, Delhi. The area of 18 bighas and 19 biswas would translate to about nineteen thousand sq. yds. of land. The case of the respondent/plaintiff was that the total sale consideration was fixed at Rs. 4,95,000/ -. A sum of Rs. 1,00,000/ - was stated to have been paid in cash on the date of the agreement to sell and so recorded in a receipt of the same date, Ex.PW1/2. It was further pleaded that an amount of Rs. 1,00,000/ - was further paid to the appellants/defendants on 5.1.1998 and a further sum of Rs. 1,00,000/ - was again paid on 16.3.1998. It was pleaded that since the appellants/defendants failed to take the necessary no -objection certificate from the Revenue Authorities or the income tax clearance certificate, the appellants/defendants therefore breached the agreement to sell, and consequently the subject suit for specific performance was filed.