ASHOK KUMAR GOENKA Vs. KRISHAN KUMAR GUPTA

JUDGEMENT

(1.) This order shall deal with an application made by the plaintiff under the provision of Order 39 Rule 1 & 2 CPC and shall also simultaneously deal with the application made by the defendant under Order 39 Rule 4 CPC, as the points raised in both the applications are common.

(2.) This is a suit for specific performance of the contract dated 15th September, 2002 whereby a deal was struck between the plaintiff and the defendant in respect of the sale of the second floor of the property bearing No.A-59, Ashok Vihar, Phase-III, Delhi-52.

(3.) As averred in the plaint the defendant agreed to sell the aforesaid property to the plaintiff for a consideration of Rs.8,00,000.00. The plaintiff paid a sum of Rs. 2,00,000.00 as part performance of the contract. He agreed to pay further sum of Rs.5,50,000.00 by first Navratras. Remaining amount, as full and final payment, was agreed to be paid on or before 30th November, 2003. This is so incorporated in receipt dated 15th September, 2002 duly signed by the defendant acknowledging the receipt of sum of Rs.2,00,000.00. Since the defendant did not perform the contract despite plaintiff being always ready and willing to perform his part of the contract, hence the present suit was filed.