NARENDER SINGH NARULA Vs. RAJAN DHINGRA

JUDGEMENT

(1.) THE present judgment will dispose off an appeal against the judgment and decree dated 31.05.2013 in CS (OS) 960/2012 and the review, preferred by the appellant (first defendant in the case) on 13.08.2013.

(2.) BRIEFLY , the facts of the case are that the parties (i.e. the plaintiff, the vendee, referred to as such and the appellant/defendant, referred to as the defendant) entered into an agreement on 19.10.2010, for the sale of property, being A -94, Vikas Puri. A receipt was executed evidencing payment of an advance amount of Rs.15 lakhs; it is not in dispute that the property in question was A -94, Vikas Puri and the total consideration, Rs.87,21,000/ -. It is also not in dispute that the plaintiff -vendee had paid Rs.45 lakhs. The plaintiff also averred that the arrangement was premised upon the defendant possessing the authority to dispose off the property, after duly developing and constructing the floor concerned, within 12 months of the parties entering into the transaction. Claiming that the defendant despite being told of the plaintiff's readiness and willingness to comply with the terms and make payments of the balance amounts, did not take any further steps, the former (i.e. the plaintiff) filed a suit for specific performance, on 11.04.2012.

(3.) THEREAFTER , on 01.03.2013 and subsequent dates, no significant orders were made. On 08.05.2013, the Court directed that the validity of FDRs deposited with it, be extended; on 13.05.2013, it was directed that the reports received from the CFSL (the forensic laboratory) in respect of the signature samples of the plaintiff, and those in the questioned documents, i.e. the receipt dated 27.09.2011 as well as the admitted documents should be collected and placed on record. This direction to the Registry was complied with. In these circumstances, the Court, on 30.05.2013, made the following order: