PRAKASH KHATTAR Vs. SHANTA JINDAL

JUDGEMENT

(1.) This order shall dispose of an application bearing IA No.2156/2008 under Order XXXIX Rules 1 and 2 CPC and an IA bearing no.10200/2009 u/O 39 Rule 4 CPC filed by the defendants for vacation of the ex parte ad interim stay granted on 18.2.2008.

(2.) Brief facts of the case are that the plaintiff has filed the present suit for specific performance against the defendant nos.1 to 5 in respect of an agreement to sell dated 16.4.2005. It is alleged in the plaint that the defendant nos. 1 to 5 are the legal heirs of one Sh.B.C.Mittal who had a perpetual sub-lease in respect of a plot of land measuring 190 sq. yds. bearing no.B-154, Shivalik Colony, Malviya Nagar, New Delhi in his favour.

(3.) Mr.B.C.Mittal, had expired on 31.5.99 and as a consequence of this, the defendant nos.1,2 and 5 being the daughters and the defendant nos.3 and 4 being the sons had inherited the estate of the said deceased. They had entered into an agreement to sell the aforesaid property in favour of the plaintiff vide agreement to sell dated 16.4.2005 for a total sale consideration of '1,35,00,000/-, out of which an amount of '15 lacs was paid by way of 5 pay orders dated 18.4.2005 drawn in favour of each of the five defendants for which they had issued necessary receipt. It is further alleged that a sum of '25,00,000/- was also paid to them in cash which was duly acknowledged by them. Thus, out of the total sum of '1,35,00,000/-, an amount of '40 lacs is alleged to have been paid to the defendants and the balance amount of ' 95,00,000/- was to be paid to the defendants at the time of execution of the sale deed in respect of the suit property which was to be done within 60 days from the date of conversion of the suit property from leasehold to freehold. It is also alleged that the agreement envisaged that in the event of the property being not converted into freehold for any reason, the said amount would be paid to the defendants within 60 days from the date of the execution of the receipt dated 18.4.2005 provided the defendants execute the other related documents like, General Power of Attorney, Special Power of Attorney, receipt coupled with the transfer of possession in respect of the suit property.