AIR MARSHAL SHIV DEV SINGH Vs. SWADESH BHARDWAJ

JUDGEMENT

(1.) The above titled two appeals assail common impugned judgment of 17th October, 2006 vide which appellant's suit for possession and mesne profits stands dismissed whereas, respondent's counter claim for specific performance of Agreement of Sale of 23rd January, 1984 stands decreed. Since the arguments addressed by both the sides in the above titled two appeals were the same, therefore, by this common judgment, the above titled two appeals are being disposed of.

(2.) Appellant vide Agreement of sale of 23rd January, 1984 had agreed to sell his leasehold residential premises, i. e, D-1/53, Vasant Vihar, New Delhi (henceforth referred to as the subject premises) to the respondent for a consideration of Rs 14 lacs only, out of which sum of Rs 13 lacs only was received by appellant from respondent and upon obtaining of requisite permission from the authorities concerned to transfer the leasehold rights in the subject premises, respondent was to pay the balance sale consideration of Rupees one lac only and to also pay the unearned increase of Rs 8 lacs only or any such amount as determined by the DDA.

(3.) At the time of execution of Agreement of sale of 23rd January, 1984 (Ex. DW-1/1), possession of the subject premises was handed over by appellant to respondent. Vide communication of 3rd June, 1987, DDA had informed appellant that the unearned increase payable was Rs 15,28,556/- and next very day, appellant had called upon respondent orally as well as vide letter of 4th June, 1987 to pay unearned increase. Since aforesaid dues were not cleared, therefore, DDA vide its communication of 27th November, 1987 (Ex. PW-1/2) had informed appellant that permission for transfer stood revoked. Aforesaid demand of unearned increase by DDA was challenged by the respondent by way of C. W. No. 3846/1990, in which there was no interim order staying the impugned demand.