RAHUL CARGO PRIVATE LTD Vs. PRESIDENT CONSULTANT

JUDGEMENT

(1.) Present application has been filed by the plaintiff under Order 12 Rule 6 CPC for decreeing the present suit for specific performance in view of the admissions made by the defendant.

(2.) The facts of the present case are that defendant had entered into an Agreement to Sell dated 08th August, 2008 with the plaintiff for purchase of an industrial plot bearing No.A-282, Okhla Industrial Area, Phase-I, New Delhi (hereinafter referred to as 'suit property') for a total consideration of Rs.6,26,00,000/-. It was agreed between the parties that the balance sale consideration of Rs.4,01,00,000/- shall be paid by the defendant within thirty to sixty days or earlier from the date of getting the suit property converted into freehold. It was also agreed between the parties that if the plaintiff failed to complete its obligations within the stipulated period of four months, defendant shall be entitled to complete the pending/due work of conversion of the suit property into freehold. The relevant terms of the Agreement to Sell are reproduced hereinbelow:-

(3.) According to the plaintiff, though immediate and sincere efforts were made by it to get the conversion carried out within the stipulated time, yet as there was delay on the part of the authorities, plaintiff in accordance with the terms of the Agreement asked the defendant to take up the task of getting the suit property converted into freehold.