SURJIT SINGH BHATIA Vs. TEJ RAJ SINGH GOEL

JUDGEMENT

(1.) By this order, I propose to decide the defendant's application under Order VII Rule 11 read with Section 151 CPC for rejection of the plaint.

(2.) The facts are that the plaintiffs have filed the present suit for Specific Performance of agreement to sell dated 27.06.2008 which was executed in respect of the property bearing No.D-104, Defence Colony, New Delhi.

(3.) The main contention of the defendant is that on a bare reading of the plaint along with the documents, the same demonstrates that the suit is without any cause of action and is barred by law in view of the various letters dated 14.11.2008, 04.12.2008, 15.01.2009 and 04.02.2009 by which the plaintiffs themselves have terminated the agreement to sell dated 27.06.2008 and their claim in the said letters was only in respect of the refund of the amount paid by them at the time of the agreement to sell alongwith interest and the alleged damages.