DHARAM PAL Vs. SHASHI KANT SAINI

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 18.7.2000 whereby the suit of the Respondent/Plaintiff for specific performance has been decreed.

(2.) The case of the Respondent/Plaintiff was that an Agreement to Sell dated 16.3.1988 was entered into between him as the proposed buyer and the Appellant/Defendant as the proposed seller with respect to 9 Bighas and 4 Biswas of the land comprised in Khasra No. 62/27 (3 Biswas), Khasra No. 7/9 (4 Bighas 5 Biswas), Khasra No. 7/10 measuring 4 Bighas and 16 Biswas situated in village Alipur, Delhi. The Respondent/Plaintiff stated that the total sale consideration was Rs. 3,35,000/- of which he had already paid Rs. 3,32,500/- by making payment of Rs. 50,000/- on the date of the Agreement to Sell, Rs. 1,50,000/- on 7.5.1988, Rs. 50,000/- on 9.5.1988, Rs. 35,000/- on 20.8.1988, Rs. 5,000/- on 20.8.1988, Rs. 20,000/- on 5.10.1988, Rs. 10,000/- on 18.3.1989, Rs. 5,000/- on 5.5.1989, Rs. 5,000/- on 5.10.1990 and Rs. 2,500/- on 6.12.1993. It was further pleaded that the Appellant/Defendant failed to perform his contract and did not obtain the No Objection Certificate (NOC) from the revenue authorities and which was a pre condition to execution of the sale deed.

(3.) The Appellant/Defendant contested the suit and claimed that he had not received one payment of Rs. 1,50,000/- which is said to have been paid on 7.5.1988. It was further pleaded that the Appellant/Defendant had signed the NOC in favour of the Plaintiff but it is the Plaintiff who failed to obtain the necessary permission from the revenue authorities for sale of the agreement. It was also pleaded that the suit was barred by limitation.