SHANTA ANEJA Vs. SATBIR SINGH

JUDGEMENT

(1.) THE plaintiff has filed the instant suit for specific performance and permanent injunction.

(2.) IT is averred in the plaint that the plaintiff is the owner of the entire second floor bearing private Nos.6 & 7 that form a part of the property bearing No.80, situated at Furniture Block, Kirti Nagar, New Delhi (hereinafter referred to as the `suit property'). Vide an Agreement to Sell dated 18.07.2009, the defendant agreed to sell the suit property to the plaintiff for a sum of Rs.30,33,333/- and even received a sum of Rs.9,00,000/- as earnest money/advance-cum-part payment from the plaintiff at the time of execution of the said Agreement to Sell and issued two receipts dated 18.07.2009 of Rs.5,00,000/- and Rs.4,00,000/- respectively. The plaintiff was required to pay the balance amount of Rs.21,00,000/- to the defendant within a period of 14 months and the last date of execution of documents in favour of the plaintiff was on or before 17.09.2010.

(3.) IT is further stated that on 16.09.2010 the plaintiff and defendant entered into a further Agreement in continuation of the earlier Agreement to Sell, thereby, extending the time under the previous Agreement to 01.10.2010. On 20.09.2010, the plaintiff paid a further sum of Rs.1,00,000/- to the defendant. Thereafter, the plaintiff tried to contact the defendant on various occasions to collect the balance payment of Rs.19,00,000/- and execute and register the Sale Deed in favour of the plaintiff, however, the defendant started avoiding the plaintiff and stopped taking her calls. On 01.10.2010 the husband CS (OS) No.2564/2010 Page 2 of 6 of the plaintiff sent an SMS to the defendant but, the defendant did not respond.