RAJINDER SINGH Vs. V P AHUJA

JUDGEMENT

(1.) This is the plaintiff's appeal against the judgmentand decree dated 15/01/1991, of the learned Single Judge by whichthough the suit of the plaintiff for specific performance of a certain agreementto sell executed by the defendant-respondent as vendor was decreed, a condition was imposed on the plaintiff to deposit the sale consideration in Courtwithin a period of two months. It is against this direction of deposit of saleconsideration that the plaintiff has filed the appeal.

(2.) The defendant on 1/02/1989, executed a receipt for havingreceived a sum of Rs. I lakh in cash as earnest money from the plaintiff forsale of his house bearing No. D-22, Defence Colony, New Delhi, built on aplot of land measuring 333 sq. yds. The sale consideration was agreed atRs. 70 lakhs out of this Rs. 6 lakhs were to be paid at the time of the executionof regular agreement to sell and the balance Rs. 63 lakhs at the time ofregistration of the sale deed before the Sub Registrar, New Delhi, after necessary sale permission from the Land and Development Office and clearancefrom the Appropriate Authority under Section 269UC of the Income-tax Act,1961. The plaintiff on 24/02/1989, filed the suit for injunction againstthe defendant praying that defendant to comply with his obligation in joiningthe plaintiff for obtaining clearance under Section 269UC of the Income-taxAct, 1961, and to execute the formal agreement to sell. Plaintiff also sought a restraint on the defendant from selling, transferring, or otherwise creatingany third party interest respecting the suit property. Written statement wasfiled questioning the maintainability of suit. Subsequently, however, on anapplication filed by the plaintiff the suit was allowed to be converted into onefor specific performance of the agreement to sell. Now the plaintiff prayedfor a decree for specific performance in respect of contract/agreement dated 1/02/1989, requiring the defendant to transfer property No. D-22,Defence Colony, New Delhi, against receipt of balance of sale considerationof Rs. 69,00,000.00 by executing a transfer/sale deed in respect of the aforesaidproperty and presenting the same for registration before the Sub-Registrar,New Delhi. The plaintiff also prayed for a decree for possession in his favourdirecting the defendant to hand over peaceful and vacant possession ofthis property to the plaintiff. There was prayer in the alternative for damagesas well.

(3.) At the time when amendment of the plaint was allowed it wasalso directed that plaintiff would appear in Court on the next date of hearingand he would also file an affidavit before that date as to how he intended tomake arrangement for the payment of the sale consideration as alleged by him.Though the affidavit was filed, the plaintiff did not appear. Again he wasdirected to appear in Court but then also he defaulted. In the affidavit filedby the plaintiff, he stated as under :-