LAWS(DLH)-1991-11-52

PRADEEP BHARGAVA Vs. RAM PYARI

Decided On November 26, 1991
PRADIP BHARGAVA Appellant
V/S
RAM PYARI Respondents

JUDGEMENT

(1.) This is a original suit filed for specific performance of an agreement to sell respecting certain property at Kailash Colony, New Delhi, which agreement had been entered into between the plaintifs as the purchasers and the defendants as the sellers. The plaintiffs filed this suit on 8 March 1989. They not only sought specific performance of the aforesaid agreement to sell which is dated 2 February 1987 but also sought certain relief for injunction as well as claiming a decree for damages in the alternative. When the suit came up for hearing before the learned Single Judge on 9 March 1989, he adjourned the same to the following day. The learned Single Judge suo moto raised a question if suit for specific performance of an agreement to sell was at all maintainable in view of Article 300A of the Constitution. He, therefore, referred the question to be decided by a larger Bench. In the meanwhile, three more suits (Suits Nos. 692/ 89, 849/89 and 1 "29/89) were also filed for specific performance of respective agreements to sell and the learned Single Judge following his order dated 10 March 1989 in Suit No. 685/89 again referred the question which also arose in those suits for decision by larger Bench. Hence, this reference before us.

(2.) As to how the learned Single Judge thought that the question needed examination by larger Bench, if will be appropriate to set out his order which is as under :-

(3.) Article 300A of the Constitution is in the following terms ;-