ATMA DEVI Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) The appellant, Atma Devi, has filed this appeal seeking setting aside of the judgment and decree dated May 15, 1980 by which suit brought by the respondents seeking relief of specific performance of the agreement of sale has been decreed.

(2.) The facts leading to the filing of this appeal, in brief, are that the appellant had purchased a Government built quarter bearing municipal No. 4A/37, Old Rajinder Nagar, New Delhi with leasehold rights of the land measuring 85. 9 sq. yds. vide Lease Deed dated July 16, 1959. Vide agreement (Ex. P-l) dated January 8, 1976 the appellant entered into an agreement for selling the said property in favour of Harbhajan Singh, his brother Jaswant Singh and their mother Bhagwanti for a total sale consideration of Rs. 65,000.00 out of which Rs. 15,000.00 were paid before the Sub-Registrar at the time of execution of the receipt (Ex. P-2) which was duly registered on the said date.

(3.) Shri Santokh Singh, PW-1bad brought about the said transaction as a broker and had also signed as one of the witnesses on Ex. P-l and P-2 Kamla Sukhani, sister of the appellant, had also signed as an attesting witness in the said documents. According to the terms of the agreement, the appellant was to obtain necessary permission for selling the property from Land & Development Officer under Section 27 of the Urban Land (Ceiling and Regulation) Act No. 33 of 1976 within two months and thereafter was to execute and get registered the Sale Deed in favour 'of the respondents and the balance consideration of Rs. 50.000.00 was to be paid at the time of registration of the Sale Deed. The possession of the said quarter was to be delivered to the respondents on registration of the Sale Deed.