AMIT JAIN Vs. HARVINDER KAUR

JUDGEMENT

(1.) BY this petition, Smt. Harvinder Kaur, the defendant in the present suit, seeks review and recall of the order dated 5th August, 2011. It is necessary to deal with certain essential facts which are necessary for adjudication of the present review petition.

(2.) ACCORDING to the plaint, Mr. Amit Jain, plaintiff in the present case, entered into an agreement to sell dated 16th October, 2010 with Smt. Harvinder Kaur for purchasing the property bearing new no.IX/1312 Mandir Wali Gali, (Old No.319/13-14, Plot No.45), Gandhi Nagar, Delhi ad measuring 100 sq. yards consisting of a built up ground floor; front half portion at the first floor and second floor and all rights over the roof; as specifically shown in red colour in the site plan attached with the plaint (hereinafter referred to as "suit property") for a total sale consideration of Rs.2,09,50,000/-. The plaintiff claims to have made payment of Rs.10,00,000/- by cheque and Rs.1,00,000/- in cash being a total of Rs.11,00,000/- towards part payment of the consideration. Rest of the amount was to be payable on or before the 5th January, 2011 at the time of handing over of physical vacant possession of the suit property to the plaintiff.

(3.) IN para 12 of the plaint, the plaintiff asserts that on conducting enquiries, he came to understand that in order to avoid fulfillment of her contractual obligation towards the plaintiff under the agreement dated 16th October, 2010 of her husband, the defendant had set up a frivolous and fictitious dispute in connivance with the previous owners of the suit property so as to compel the plaintiff to withdraw his claims and rights over the same and not to seek enforcement and compliance of the agreement dated 15th October, 2010. It is complained that the defendant and her family members were bent upon breaching the agreement to sell and to cheat the plaintiff; that the breach is exclusively on the part of the defendant and that the plaintiff was always ready to comply with the agreement on his part subject to fulfillment of reciprocal conditions on the part of the defendant.