NARESH JAIN Vs. KRISHNA RANI

JUDGEMENT

(1.) . By this order I propose to dispose of the plaintiff's application under Order 12 Rule 6 read with Section 151 CPC.

(2.) . The facts relevant for the purpose of deciding the present application are that the plaintiff filed the present suit for specific performance of Agreement to Sell dated 25th September,1995 with regard to property N0. 58, Block `B', Derawal Nagar, Delhi situated in the lay but plan of Dera Ismail Khan Co-operative House Building Society Ltd., Delhi for a total consideration 63,50,000/-. A sum of Rs.2,00,000.00 was paid by the plaintiff before the formal execution of the agreement as advance money to the defendant on 23/09/1995. Another sum of Rs.2,00,000.00 was paid on 2 4/09/1995 and a further sum of Rs.2,50,000.00 was paid on 25/09/1995 towards part payment of the sale consideration. The plaintiff had thus paid in all a sum of Rs.6,50,000.00 on three dates against receipts. The plaintiff's case is that the defendant, who was required to obtain income tax clearance from the Income Tax Department, had failed to do so prior to 3 1/01/1996, the date fixed for completion of sale transaction. The defendant was also to clear all the dues regarding house tax, electricity charges, ground rent etc. before the stipulated date for execution of sale deed. The plaintiff's averment is that the defendant failed to comply with the obligation on her part for executing the sale deed even though the plaintiff was ready and willing to perform his part of the contract. The plaintiff claims to have made repeated requests to the defendant to obtain income tax clearance but she kept on deferring the matter on one pretext or the other. The plaintiff issued notice dated 2 9/01/1996 requesting the defendant to complete the pro-requisite obligation on her part so that the sale deed could be executed. There was no response to the notice. Ultimately, defendant was finally called upon to execute the sale-deed vide notice 23/10/1996. The defendant failed to respond to the notice nor did she give reply thereto.

(3.) . After the service of summons of the suit, defendant filed written statement and the plaintiff filed replication thereto. Thereafter plaintiff moved the present application for passing of the decree on the basis of admissions made In the written statement.