DESIGN ATELIER Vs. LOH VANIJYA P LTD

JUDGEMENT

(1.) This is a suit for specific performance of the agreement alleged to have been executed by Defendant No. 1 M/s Loh Vanijya (P) Ltd. in favour of the Plaintiff for sale of property No. B-190, Okhla Industrial Area, Phase-I, New Delhi.

(2.) The case of the Plaintiff is that Defendant No. 1 had agreed to sell the above-referred property to it for a consideration of Rs. 31,01,000/- and two payments one of Rs. 1,20,000/- and the another of Rs. 5,00,000/- were made to it by the Plaintiff. Further payments of Rs. 2,20,000/-, Rs. 1,50,000/- and 3,00,000/- on 08.07.2001, 21.07.2001 and 07.08.2001 respectively are also alleged to have been made to her. The prayer made in the suit was for specific performance of the agreement to sell.

(3.) Written statement was filed by M/s Loh Vanijya (P) Ltd. In the written statement, Defendant M/s Loh Vanijya (P) Ltd. took the stand that the suit property had already been sold by it to Mrs Mallika Kaushik, W/o Mr Rohit Kaushik vide registered Agreement to Sell dated 25th August, 2004 and the possession had also been handed over to her. It was further alleged that Mrs Mallika Kaushik had thereafter sold/transferred the suit property to Mrs Gurinder Kaur, W/o Mr Jaswinder Singh and the possession had also been handed over to him. Mrs Malikka and Mrs Gurinder were impleaded as Defendant Nos. 2 and 3 vide order of this Court dated April 24, 2006.