DEVINDER SINGH Vs. VIRENDER ARAN

JUDGEMENT

(1.) The plaintiff has filed the present Suit seeking Specific Performance of the Agreement to Sell dated 4.3.2011 with respect to property bearing Flat No. C-8/54-A, Keshav Puram, Delhi-110035.

(2.) The plaintiff in the plaint contends that by an Agreement dated 4.3.2011 the defendant agreed to sell the said property with freehold rights of the land under the property for consideration of Rs.29,50,000/-. At the time of the Agreement the plaintiff is stated to have made an advance payment of Rs.3 lacs and a receipt to the said effect was executed by the defendant. The balance amount of Rs.26,50,000/- was agreed to be paid by the plaintiff to the defendant on or before 5.6.2011, the date of completion of the transaction. It is averred in the plaint that immediately after execution of the Agreement to Sell dated 4.3.2011 the price of the properties started escalating in Delhi including the price of the suit property. Hence, it is stated that the defendant sought to wriggle out of the transaction and wrote a letter dated 24th May, 2011 where it was stated that the mother of the defendant was suffering from cancer and that when the mother was informed about the sale she became emotional. Hence, it is further stated in the letter that on 10.3.2011 the defendant had requested the plaintiff to take back the advance payment of Rs.3 lacs and that the plaintiff had agreed to consider the same. The defendant stated that due to the said circumstances he was unable to sell the flat.

(3.) The defendant has entered appearance and filed his written statement.