VIJAY KUMAR Vs. NEERU RAJPUT

JUDGEMENT

(1.) THE matter was shown at item No. 7 in the 'Finals' of cause list which was effectively item No.1 on 07.08.2013. None appeared for the defendants. I heard learned counsel for the plaintiffs for about 30 minutes. At about 03.45 p.m, I proceeded to judgment. The same was partly dictated in Court. As no time was left, the matter continued to remain on board and has been taken up today once again. Again, there is no appearance on behalf of the defendants.

(2.) THE two plaintiffs are the father and daughter. They have filed the present suit to seek a decree of specific performance in respect of the Agreement to Sell dated 30.08.2007 (Ex.CW1/D). The case of the plaintiffs is that defendant No. 1 ­ Mrs. Neeru Rajput through her husband -defendant No. 2 Mr. Vijay Kumar Rajput approached the plaintiffs for sale of her entire built up Western Northern (Left Side) portion of built -up ground floor, without roof rights over area admeasuring 75 sq. yds out of total area measuring 150 sq. yds. out of freehold built -up property No. WZ -8 built on plot Nos. 19 and 20 out of Khasra No. 15/13 situated in the area of village Keshopur in colony known as New Sahibpura, Major Bhupinder Singh Nagar, post Office Tilak Nagar, New Delhi. The further case of the plaintiffs is that the defendant No. 1 is the registered owner of the suit property vide sale deed, duly registered in her favour as document No. 145 in Book No. 1 Vol. No. 13539 on pages 138 to 145 registered on 03.01.2006 in the office of Sub Registrar, SR II, Janakpuri, New Delhi, i.e. Ex.P2, also marked as Ex. CW1/B. The further case of the plaintiffs is that after due negotiations between the parties, they entered into the Agreement (Ex.CW1/D). Under the said Agreement, the plaintiffs agreed to purchase the suit property from defendant No. 1 for a total consideration of Rs. 12,25,000/ -. At the time when the Agreement was executed, the defendant No. 1 had received Rs. 10 lacs from the plaintiffs towards advance earnest money or part payment. The balance amount of Rs. 2,25,000/ - was to be paid by the plaintiffs at the time of execution of the sale deed/transfer documents of the suit property in favour of the plaintiffs, or their nominee. It was agreed that at the time of execution of the sale deed, defendant No. 1 shall deliver the vacant possession of the suit property along with all its previous connected relevant documents to the plaintiffs. The government dues, demands, taxes, charges, water & electric connection charges, maintenance charges, builder's transfer charges and house tax etc. were to be paid by the defendant No. 1 till the date of final payment, and thereafter the same was to be borne by the plaintiffs. The further case of the plaintiffs is that the plaintiffs made further payment of Rs. 1,30,000/ - to the defendants on 06.01.2008, which was acknowledged by defendant No. 2 on the agreement itself. The case of the plaintiffs is that the defendants agreed to execute the sale deed as early as possible, within the period of 3 days. The plaintiffs claim that since the defendants did not move to execute the sale deed by 09.01.2008, a legal notice was issued to defendant No. 1 on 09.01.2008 (Ex.CW1/E) which was replied to by the defendants on 12.01.2008 vide Ex.P3 also marked as Ex.CW1/F. The plaintiffs aver that on 15.01.2008, they waited for the defendants in the office of the Sub Registrar at Janakpuri for them to execute the sale deed. However, they did not turn up. The plaintiffs state that they sent another legal notice to the counsel for the defendants on 23.01.2008 vide Ex.CW1/G, to which the defendants responded on 10.03.2008 vide Ex.P4 also marked as Ex.CW1/H.

(3.) ON 30.05.2008, while issuing summons in the suit and notice in I.A. No. 6858/2008 preferred by the plaintiff under Order 39 Rules 1 and 2 CPC, the Court directed that till the next date, status -quo in respect of title and possession of the suit property be maintained. The said order was confirmed on 22.01.2009 till the disposal of the suit.