SUMITRA Vs. URMILA DEVI

JUDGEMENT

(1.) THIS is a suit for specific performance of an agreement to sell dated 25 th January, 2012. The case of the plaintiff is that the defendant is the recorded owner of half share of land admeasuring 7 bigha and 4 biswas comprised in Khata No. 263/221 min under Khasra No. 57/17 (4-16) and 18/1 (2-08) of Village Bankner, Delhi and she agreed to sell a piece of land admeasuring 1200 square yards out of the aforesaid land to her for a consideration of Rs. 20,50,000.00. This is also the case of the plaintiff that the whole of the sale consideration was paid to the defendant in cash on 25 th January, 2012 and she also delivered vacant possession of the aforesaid land to her. The grievance of the plaintiff is that despite receiving the entire sale consideration, the defendant has not executed any sale deed in her favour. The plaintiff is accordingly seeking execution of the agreement to sell dated 25 th January, 2012 by the defendant in her favour.

(2.) THE defendant was proceeded ex parte on 3rd October, 2012 since no one appeared for her despite service personally upon her on 20th September, 2012.

(3.) A perusal of the Khatoni Ex. PW-1/1 would show that the defendant Smt. Urmila Devi is the recorded Khatedar in respect of land admeasuring 7 bigha and 4 biswas comprised in Khata No. 263/221 min under Khasra No. 57/17 (4-16) and 18/1 (2-08) of Village Bankner, Delhi. It further shows that half of her share was sold by Smt. Bimla Devi to Smt. Kamlesh W/o Shri Jagbir Singh. Ex. PW-1/5 is the agreement to sell dated 25th January, 2012 executed between the parties to the suit. Vide this agreement, the defendant agreed to sell the land admeasuring 1200 square yards out of Khasra No. 57/17 (4-16) and 18/1 (2-08) of Village Bankner, Delhi-40 to the plaintiff for a consideration of Rs. 20,50,000.00 and received the entire sale consideration in cash from her. Ex. PW-1/6 is the receipt of Rs. 20,50,000.00 purported to be issued by the defendant to the plaintiff and it also has photographs of both the parties to the suit, affixed on it. Ex. PW-1/7 is the Will dated 25th January, 2012 executed by the defendant in favour of the plaintiff in respect of the land, the subject matter of the suit. Ex. PW- 1/8 is the possession letter whereby the defendant had delivered the actual physical and peaceful possession of the land admeasuring 1200 square yards out of Khasra No. 57/17 (4-16) and 18/1 (2-08) of Village Bankner, Delhi to the plaintiff. Ex. PW-1/9 is the General Power of Attorney purported to be executed by the defendant in favour of the plaintiff in respect of the land which is the subject matter of the suit. This Power of Attorney has been duly registered with the Office of the Sub-Registrar in Noida, District Gautam Budh Nagar, U.P. Ex. PW-1/10 is another Will which the defendant has executed in favour of the plaintiff on 27th January, 2012 and which was got registered with the Sub- Registrar, Noida on the same date. Ex. PW-1/3 is the General Power of Attorney executed by the defendant in favour of the plaintiff on 25th January, 2012 in respect of the land admeasuring 1200 square yards out of Khasra No. 57/17 (4-16) and 18/1 (2-08) of Village Bankner, Delhi. Ex. PW-1/4 is the affidavit of the defendant dated 25th January, 2012 wherein she declared having executed the General Power of Attorney and having entered into an agreement to sell in favour of the plaintiff in respect of the land admeasuring 1200 square yards out of Khasra No. 57/17 (4-16) and 18/1 (2-08) of Village Bankner, Delhi. Ex. PW-1/2 are various photographs of the suit land.