A K NARULA Vs. IQBAL AHMED

JUDGEMENT

(1.) This old suit is of the year 1998. Already this suit was once dismissed in default on 21.11.2011, and thereafter it was restored on 28.2.2012. Subsequently, on 1.5.2012, no one appeared for the parties and in the interest of justice, the case was re-notified. Today, although it is 1.00 P.M. no one appears for the parties. I have therefore perused the record and am proceeding to pass a judgment in this case.

(2.) The subject suit is a suit for specific performance of an agreement to sell dated 7.10.1997. The agreement to sell was with respect to five plots bearing Nos.H-3 to H-7 situated at Nilothi village (total area measuring 1000 sq. yds) falling in khasra No.16/6, Delhi. The total price agreed to be paid under the agreement to sell was Rs. 20.5 lacs and a sum of Rs. 1 lakh was paid on the date of agreement to sell. The plaintiff also claimed that an additional amount of Rs. 1 lakh on 19.10.1997 was paid to the defendant No.1 through Sh. Davinder Gulia. In the suit plaint, the plaintiff states defendant failed to obtain the necessary permissions and therefore a legal notice dated 25.8.1998 was sent, which having failed to invoke the desired response, the subject suit for specific performance was thereafter filed.

(3.) Defendant No.1, the proposed seller, filed his written statement.