SEWA SINGH Vs. R S MALHOTRA

JUDGEMENT

(1.) This is a suit for specific performance seeking execution and registration of Sale Deed and delivery of possession and permanent injunction in respect of property bearing plot number B-140 , Block B, situated at Vivek Vihar, Delhi measuring 300 sq. yards.

(2.) The case of the plaintiff, in brief, is that the defendant represented to the plaintiffs through M/S Amba Property Dealers (Regd) that he is perpetual lessee of Plot No. 140, Block B, situated at Vivek Vihar, Delhi measuring 300 sq. yards and offered to sell the same for valuable consideration. After negotiations the total consideration of sale of the plot was settled at Rs.7,72,500/-. At the time of execution of agreement to sell , a sum of Rs. 20,000/-(Rs.10,000 by means of cheque and Rs.10,000/- by cash) was paid leaving a balance of Rs. 7,52,500/- which was agreed to be paid at the time of registration of the sale deed in the Office of Sub-Registrar, Delhi.

(3.) In order to complete the sale, the defendant was to obtain necessary permissions from various authorities viz. `No Objection Certificates' from the Income Tax, Delhi Development Authority, Urban Land Ceiling etc. which the defendant agreed to obtain within a period of 365 days and as such 365 days time was fixed for the performance of the agreement of sale. It was agreed that in case the defendant failed to execute the sale deed and get the same registered within the stipulated period of 365 days, the plaintiffs could get the agreement of sale enforced specifically through the Court of Law.