K NARENDRA Vs. RIVIERA APARTMENTS PRIVATE LIMITED

JUDGEMENT

(1.) Since common question arise's in both the appeals the same are being disposed of by this common judgment.

(2.) While RFA(OS) 9 of 1991 is directed against the judgment and decree dated 5th, December, 1990 in Suit No.243 of 1980, RFA(OS) 10 of 1990 is directed against the judgment of the same date in Suit No-607 of 93 1979, both passed by a learned Single Judge of this Court. The aforesaid two suits were consolidated vide order dated 26th November, 1980 passed by the learned Single Judge and the main judgment was rendered in Suit No.243 of 1980.

(3.) The facts, relevant for the purpose of deciding these two appeals briefly stated, are that the appellant is the holder of lease-hold rights in respect of property known as 6, Tolstoy Marg, New Delhi, granted by the President of India in terms of a perpetual lease commencing from 29th May 1957. Vide an agreement dated 25th July, 1972 (Exhibit P1) entered into between the appellant (seller) and the respondent (purchaser), the appellant agreed to sell, transfer and assign all his rights, title and interests in the entire land known as 6, Tolstoy Marg, New Delhi, along with all structures, out house, plants etc., in consideration of a sum of Rs.8,97.740.00 payable in the manner provided in-clause (1) of the agreement. The agreement also contemplated the construction of a multi-storeyed building by the respondent on the .said property. In terms of this agreement a sum of Rs.50,000.00 was to be paid at the execution of the agreement vide demand draft dated 25th July, 1972, another sum of Rs.2,75,000.00 by a post-dated cheque dated 25th January, 1973 to be encashed by the appellant after the plans of multi-storeyed building as submitted by P53 the respondent, were passed and cleared for construction by the NDMC & L&DO or earlier by mutual agreement and the balance amount of Rs.5,72,740.00 after the completion of the said multi-storeyed building. Some other relevant clauses of the agreement dated 25th July, 1972 are reproduced herein below:-