PARMANAND KANSOTIA Vs. SEETHA LATH

JUDGEMENT

(1.) Vide sale agreement dated 20 th September, 2005, Rajinder Prashad Rathi as attorney of Seetha Lath (hereinafter referred to as the Seller) agreed to sell the first floor without terrace rights of property bearing No.6549, Ward No.XVI, plot No.172, measuring about 1125 sq.ft. covered area, Khasra No.453/152 in Block 9-B, Gali No.1-2, Dev Nagar, Karol Bagh, New Delhi (hereinafter referred to as the suit property) to Parmanand Kansotia (hereinafter referred to as the Purchaser) for a total sale consideration of Rs. 15,65,000/-. The Purchaser paid a sum of Rs. 3,00,000/- to the Seller at the time of the sale agreement and agreed to pay the balance sale consideration on or before 21 st November, 2005.

(2.) On 2 nd November, 2006, the Purchaser instituted a suit for specific performance, permanent injunction and recovery bearing Suit No.182/2006 against the Seller on the following averments:-

(3.) The Seller raised the following defence in his written statement:-