RAM GOPAL Vs. YOGESHWAR CHAND

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for specific performance and permanent injunction. Counsel for the plaintiff was requested to address arguments on the question of limitation, as it appears that the present suit has been filed beyond the period of limitation.

(2.) AS per the plaint, plaintiff is running a shop under the name and style of M/s.R.G.S. Collection on the ground floor in the property in question bearing No.42-43 U.B. Block, Jawahar Nagar Delhi. The defendants who have been arrayed as parties to the present suit are the owner of the suit property and legal heirs of late Sh.Prem Chand Sharma, who expired on 27.09.2011. It is stated in the plaint that during his life time, late Sh.Prem Chand Sharma entered into an oral agreement to Sell with the plaintiff, which fact was within the knowledge of the defendants. The plaintiff is in occupation of the suit premises since the year 1992 onwards. In paragraph 3 of the plaint it has been averred that the oral agreement to sell was made in the last week of April, 1992 in respect of two portions for a total sale consideration of Rs.54,70,000/-. It is also averred that one part of the premises in question was occupied by Sardar Surender Singh, which is shown in yellow colour and another portion was occupied by M/s.Hindustan Book Agency through its partner Sh.Jainender Kumar Jain, which is shown in green colour. AS per the plaint a common meeting took place among the plaintiff, Sardar Surender Singh and Shri Jainender Kumar Jain and Late Sh.Prem Chand Sharma agreed to sell the premises as shown in RED colour in the site plan to the plaintiff on the condition that plaintiff would pay Rs.36,70,000/- to Sardar Surender Singh, Rs.5,00,000/- would be paid to M/s.Hindustan Book Agency through its partner Sh.Jainender Kumar Jain and rest of the amount i.e. Rs.13,00,000/- would be paid by the plaintiff to late Sh.Prem Chand Sharma. It is also stated in the plaint that the entire sale consideration was to be paid within two years. AS per para 4 of the plaint Rs.36,70,000/- was paid by the plaintiff to Sardar Surender Singh in different instalments i.e Rs.2,51,000/- on 28.05.1992, Rs.10,50,000/- on 02.06.1992, Rs.3,00,000/- on 05.07.1992 and remaining amounts were also paid which was within the knowledge of Sh.Prem Chand Sharma. It is stated that Sardar Surender Singh executed various documents evidencing receipt of money. It is also stated in the plaint that Sardar Surender Singh executed a surrender letter in favour of the plaintiff whereby he handed over peaceful and vacant possession of the portion under his use and occupation in the presence of one Sh.Chander Mohan, to the plaintiff. AS per paragraph 6 of the plaint, the back portion of the premises in question was occupied by M/s. Hindustan Book Agency for which plaintiff has paid Sh.Jainender Kumar Jain partner of M/s. Hindustan Book Agency a sum of Rs.5,00,000/- on different dates (Rs.25,000/- on 02.06.1992, Rs.75,000/- on 04.06.1992 and Rs.4,00,000/- on 18.08.1992) with the consent and on behalf of late Sh.Prem Chand Sharma, out of total sale consideration amount as part performance of the agreement to sell. Sh.Jainender Kumar Jain had also executed a surrender letter dated 18.08.1992 in favour of the plaintiff.

(3.) AS per paragraph 10 of the plaint, a sum of Rs.3,25,000/- was paid by the plaintiff to Sh.Prem Chand Sharma on 19.10.1992, Rs.1,50,000/- was paid on 17.03.1993, Rs.50,000/- was paid on 09.11.1993, Rs.2,00,000/- was paid on 30.01.1994 and Rs.75,000/- was paid on 02.04.1994. Thereafter in the year 2008 the rent agreement, copy of which has been placed on record, is stated to have been signed between the plaintiff and Sh.Prem Chand Sharma.