SANJAY SHARMA Vs. SENTINAL CONSTRUCTION PVT LTD

JUDGEMENT

(1.) AS recorded in Ex.PW -1/10, which we note is a document embodying two agreements, respondent No.2 Sudhir Malhotra, the owner of property bearing Municipal No.A -249, Defence Colony, New Delhi and M/s Buildmore India Ltd., respondent No.3 agreed that respondent No.3 would construct a building on the plot, inter -alia, having a basement which upon construction was to be sold to respondent No.1 M/s Sentinal Consultants Pvt. Ltd. for a sale consideration of Rs.12.25 lakhs by Sudhir Malhotra. Thus, Ex.PW -1/10 was a construction agreement as regards respondent No.2 and respondent No.3 and was an agreement to sell as regards respondent No.1 and respondent No.2.

(2.) ALLEGING having paid Rs.10.25 lakhs to respondent No.2, respondent No.1 filed a suit seeking specific performance of Ex.PW -1/10 in so far it required respondent No.2 to sell the basement of the building to it and pleaded in the plaint that it was always ready and willing to pay the balance sale consideration in sum of Rs.2 lakhs.

(3.) VIDE ex -parte ad -interim order dated August 03, 1998, while issuing summons in the suit, in I.A.No.6314/1998 respondent No.2 was directed to maintain status quo with respect to the basement.