SWATI VERMA Vs. JAGDISH BAWEJA

JUDGEMENT

(1.) This suit was originally filed by one Sh. Sanjay Panda against the now sole defendant Shri Jagdish Baweja and the now sole plaintiff Smt. Swati Verma, for specific performance of an Agreement dated 9th July, 2004 by the said Shri Jagdish Baweja for sale of property no.E-78, DDA Flat, Ground Floor, Malviya Nagar Extension, Saket, New Delhi to the said Shri Sanjay Panda for a total sale consideration of Rs.32,50,000/-. The now sole plaintiff Smt. Swati Verma was impleaded as defendant no.2 in the suit averring that Sh. Jagdish Baweja had subsequently vide Agreement to Sell dated 20th April, 2005 agreed to sell the same flat to the said Smt. Swati Verma. Accordingly, relief of declaring the Agreement to Sell dated 20th April, 2005 in favour of Smt. Swati Verma as void, was also claimed.

(2.) Summons of the suit were issued to both Sh. Jagdish Baweja and Smt. Swati Verma and vide ex parte order dated 9th May, 2005 they were also restrained from selling, transferring, parting with possession, creating third party rights or from effecting any change in the said flat. Vide subsequent order dated 23rd May, 2005 on the application of Smt. Swati Verma, she was permitted to carry out repair works of plumbing, sewage, electrification etc. in the said flat.

(3.) The defendant Sh. Jagdish Baweja appeared through Advocate on 2nd September, 2005 and 23rd November, 2005 but neither filed any written statement nor appeared thereafter.