PUNIT BERIWALA Vs. BHAI MANJIT SINGH-HUF

JUDGEMENT

(1.) This order will dispose of the objections raised by the defendants to the maintainability of the present suit.

(2.) The suit has been filed for specific performance, possession and injunction. It is stated in the plaint that the plaintiff was approached by the defendant No.2 being the Karta of the defendant No.1 for the sale of the property bearing No 28A, Prithvi Raj Road, New Delhi, admeasuring 3727 square yards ("suit property"). After negotiations, it was agreed that the total sale consideration would be Rs.28,00,00,000.00. It was also agreed, according to the plaintiff, that the total consideration would be paid in parts as the suit property was a leasehold property with the L&DO, New Delhi and the defendants had undertaken to get the same converted into freehold before transferring it in the name of the plaintiff. The plaintiff paid a sum of Rs. l,64,50,000/- to the defendant No.1 against various receipts issued by the defendants acknowledging the payments made by the plaintiff such as on 12/4/2004 of Rs. 31,00,000/-, on 14/4/2004 of Rs. 20,00,000/-, on 22/4/2004 of Rs. 10,00,000/-, on 26/4/2004 of Rs. 10,00,000/-, on 7/5/2004 of Rs. 8,00,000/-,on 25/5/2004 of Rs. 10,00,000/-, on 29/5/2004 of Rs. 18,00,000/-, on 3/6/2004 of Rs. 20,00,000/-, on 16/7/2004 of Rs. 12,00,000/-, on 19/7/2004 of Rs. 3,00,000/-, on 22/7/2004 of Rs. 10,00,000/-, on 2/8/2004 of Rs. 10,00,000/-, on 24/12/2004 of Rs. 2,00,000/- and on 3/1/2005 of Rs. 50,000/-. Hence, the total sum of Rs. 1,64,50,000/- was paid as earnest money by the plaintiff to the defendants.

(3.) The plaintiff further claims that he was handed part physical possession of the suit property vide Letter of Possession dtd. 22/4/2004. According to the plaintiff, the defendants had assured that the suit property was free from all encumbrances and, therefore, it was agreed that once the title to the suit property would be cleared from all encumbrances and converted from leasehold to freehold, the remaining balance payment would be made by the plaintiff to the defendants.