SHAKUNTALA BHOLLA Vs. SHEEL CHAND JAIN

JUDGEMENT

(1.) THE appellant, Shakuntala Bholla has sued the respondent Sheel Chand Jain for specific performance of the agreement to sell Ex.PW-1/1 (also exhibited as Ex.PW-1/PX1) dated September 01, 2003, execution whereof is not in dispute between the parties. THE said agreement envisages that for a consideration of RS.25,00,000/- (Rupees Twenty Five Lakhs only), Sheel Chand Jain would sell the third floor with roof rights of property bearing No.45/12, East Patel Nagar, New Delhi-110008, comprising three bed-rooms, drawing-cum-dining, kitchen, toilet and a bath-room. RS.2,00,000/- (Rupees Two lakhs) stands recorded as paid to Sheel Chand Jain by Shakuntala Bholla. THE agreement records that further sum of RS.1,00,000/- (Rupees One lakh) would be paid within 30 days and the balance RS.22,00,000/- (Rupees Twenty Two lakhs) would be paid on or before January 31, 2004, i.e. the date stipulated for sale to be completed.

(2.) SHAKUNTALA Bholla paid further sum of RS.1,00,000/- (Rupees One lakh) to Sheel Chand Jain, and as per receipt Ex.PW- 1/2 this payment was made on November 11, 2003, execution of which receipt is also not in dispute. The dispute arose with reference to Ex.PW-1/1 requiring the sale to be completed on or before January 31, 2004. It is the case of SHAKUNTALA Bholla that she approached Sheel Chand Jain on January 28, 2004 and requested him to supply the title documents of the property so that a draft sale-deed could be prepared and got approved from Sheel Chand Jain, and it is her claim that she had made a similar request when she had paid RS.1,00,000/- (Rupees One lakh) to Sheel Chand Jain on November 11, 2003. As per her, Sheel Chand Jain was rude to her and refused to supply the title documents when she approached him on January 28, 2004 and this compelled her to approach a lawyer who issued the legal notice dated January 29, 2004, Ex.PW-1/3 and posted the same under Regd.A.D.Post to Sheel Chand Jain as per postal receipt Ex.PW-1/4 and additionally under Certificate of Posting, evidenced by the Postal Certificate, Ex.PW-1/5 and that the notice was received by Sheel Chand Jain, evidenced by the acknowledgment on the acknowledgment card Ex.PW-1/6. Alleging that she received the notice Ex.PW-1/7 dated February 02, 2004 sent by Sheel Chand Jain in which he alleged she being in default and hence Sheel Chand Jain forfeiting RS.3,00,000/- (Rupees Three lakhs) paid by her to him, suit was filed seeking a decree for specific performance of Ex.PW-1/1 and in the alternative damages in sum of RS.6,00,000/- (Rupees Six lakhs).

(3.) AT the trial, Shakuntala Bholla examined, besides herself, her sister Kavita and one Tirath Kumar as PW-1, PW-2 and PW-3 respectively.