ALOK GUPTA Vs. RAKESH ARORA

JUDGEMENT

(1.) THIS is a suit for specific performance of the agreement to sell alleged to have been executed by the defendant in favour of the plaintiff 19.06.2008, whereby they agreed to sell DDA plot No. 306, pocket-6, Block A, Sector-28, Rohini to the plaintiff for a consideration of Rs 44 lakh. The case of the plaintiff is that he paid Rs 5 lakh to the defendant on that date and a separate receipt in this regard was executed by them. The balance amount was agreed to be paid within three months or on execution of lease dead in favour of the defendants. THIS is also the case of the plaintiff that the original allotment/demand letter dated 27.01.2004 was also handed over to him by the defendants at the time of execution of the agreement. It is further alleged that the plaintiff has been asking the defendants to inform him about the status of execution of the lease deed in their favour and the defendants had supplied original acknowledgment dated 02.07.2008, letter dated 10.09.2008 issued by DDA to them as well as original possession slip dated 23.09.2008, sometime in October, 2008. According to the plaintiff, he has been approaching the defendants and requesting them to complete the formalities and receive the balance sale consideration of Rs 39 lakh from him, but the defendants had been postponing the matter on one pretext or the other.

(2.) VIDE letter dated 05.05.2009, sent to the defendants, the plaintiff referring to his agreement with them, requested them to take necessary steps in the matter within three days from the date of receipt of the letter. The letter dated 05.05.2009 was replied by the defendants through counsel. The plea taken in the reply was that in fact there was no agreement between the parties for sale of plot in question and that the plaintiff had obtained signatures of defendants on some blank papers on the pretext of providing services of perpetual lease deed from DDA in their favour. The defendants denied having received Rs 5 lakh from the plaintiff. It was further alleged that the plaintiff had mischievously taken one of the files lying on the table pertaining to original papers, i.e., original allotment letter, possession slip, possession letter etc.

(3.) THE learned counsel for the defendants submits that the plaintiff as per their own case did not tender the balance sale consideration of Rs 39 lakh to the defendants within three months from the date of the alleged agreement dated 19.07.2008 which clearly show that he was not ready and willing to perform his part of the contract. To my mind what is important in this regard is that the defendants have altogether denied having entered into an agreement to sell the suit property to the plaintiff. THEy have also denied having received Rs 5 lakh as part payment from him. This is not the case of the defendants that since the plaintiff failed to perform his part of the contract, they forfeited the part payment received by him and /or terminated the agreement executed with him. THEir case is of altogether denial of the transaction set up by the plaintiff. Prima facie, the defence taken by the defendants seems to be untenable. THErefore, at this stage, I need not go into the question as to whether the plaintiff had the means to pay the balance amount, throughout right from the date of execution of the agreement to sell in his favour or not.