S RAUNAQ SINGH Vs. TULE RAM

JUDGEMENT

(1.) THIS is a suit for specific performance of the Agreement to Sell dated 11th November, 2006 for sale of agricultural land measuring 12 bigha, bearing Khasra Nos. 34/6/2(3-8), 34/15(4-16), 34/16/1(3-11) and 34/27 (0-5) situated at village Kangan Heri, New Delhi. Since the plaintiff was a minor at the time the agreement was executed, it was signed by his father Shri Randhir Singh on his behalf. The total sale consideration was agreed at Rs 80.01 lakh per acre which comes to roughly Rs 2 crore and a sum of Rs 20 lakh was admittedly paid as earned money to the defendant. The transaction was agreed to be completed by 16th February, 2007. The defendant was required to obtain No Objection Certificate and Income-tax clearance and inform the plaintiff for registration of the sale deed within one week from the date of issue of the certificate.

(2.) THE defendant did obtain a No Objection Certificate dated 14th February, 2007 from the office of Deputy Commissioner (South West), Kapashera, New Delhi which was valid for 30 days from the date of issue. THE sale deed, on the stamp papers purchased by the plaintiff, was also got typed and signed by the parties to the agreement on 15th February, 2007.

(3.) IT is an admitted case that Pay Orders of Rs1,80,00,000/- were obtained by the plaintiff/his father and were shown to the defendant though the contention of the defendant is that probably the plaintiff had borrowed some money for obtaining these pay orders and later he got them encashed. The learned counsel for the plaintiff, however, maintains that those pay orders were not got encashed by the plaintiff/his father during the period of their validity. Be that is as it may, prima facie, I am unable to make out what advantage the defendant could have derived by obtaining the pay orders for the balance amount, going to the office of sub-Registrar, purchasing the stamp papers, executing the sale deed and then backing out of the agreement on the very same day on which the sale deed was executed. Prima facie, if a person has agreed to purchase the property, paid the earnest money, obtain pay orders for the balance sale consideration, has gone to the office of sub- Registrar along with the pay orders, has purchased stamp papers and got the sale deed prepared, there should be no reason for him to back out unless he develops some doubt with respect to either the title of the seller or with respect to documents, such as the No Objection Certificate, which was compulsorily required for registration of the sale deed.