JANKI DEVI Vs. HARISH CHANDER CHAWLA

JUDGEMENT

(1.) By this appeal filed under Section 96 of the Code of Civil Procedure, 1908 the appellants seek to challenge the judgment and decree dated 01.12.2004 passed by the learned Addl. District Judge, Delhi whereby the suit for specific performance of agreement to sell dated 03.09.1997 was decreed in favour of the respondent and against the appellants alongwith Rs.1,80,000/- for recovery and Rs.20,000/- towards damages from 1.10.2000 till realization along with interest @5% p.a.

(2.) Brief facts of the case as set out by the respondent in the plaint are that the appellants vide agreement to sell dated 3.9.97 had agreed to sell the first floor of the property bearing no. 11/16, Old Rajinder Nagar, New Delhi with proportionate land underneath to the respondent for a total consideration of Rs.3,10,000/-. Out of the said sale consideration amount, an amount of Rs 3,00,000 was paid by the respondent on 3.9.97, while the balance amount of Rs.10,000/- was paid vide receipt dated 4.9.97 and a number of documents to this effect were executed by the appellants in favour of the respondent. That it was agreed to handover the actual, vacant and physical possession to the respondent by 31.3.99 failing which the appellants were liable to pay damages @Rs.10,000 p.m for a period of eighteen months and then @ Rs.20,000 p.m thereafter. On failure of the appellants to do so the respondent served a legal notice dated 20.9.2000 but no reply was received. Consequently the respondent filed a suit for specific performance and permanent injunction which vide judgment and decree dated 1.12.04 was decreed in favour of the respondent and against the appellants.

(3.) Feeling aggrieved with the same, the appellants have preferred the present appeal.