NEHA KHALXO Vs. SARAMMA KURIAKOSE

JUDGEMENT

(1.) The appellant has challenged the judgment and decree passed by the learned Trial Court whereby her suit for specific performance has been dismissed.

(2.) The appellant instituted a suit for specific performance and permanent injunction against the defendant in respect of property bearing plot No.A-32 & 33 measuring 200 sq. yds. out of Khasra No.1678, Village Aya Nagar, Tehsil Mehrauli, New Delhi, hereinafter referred to as "the suit property". For convenience, the appellant and the respondents are referred by their ranks in the suit as "plaintiff" and "defendant" respectively.

(3.) On 9 th September, 2004, the defendant agreed to sell the suit property to the plaintiff for total sale consideration of Rs. 13,00,000/- out of which the plaintiff paid earnest money of Rs. 1,00,000/- to the defendant at the time of the sale agreement and agreed to pay the remaining sale consideration of Rs. 12,00,000/- within 30 days.