RAM NIWAS DAGAR Vs. KRISHAN KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 05.12.2013 passed by a learned Single Judge of this Court in C.S. (O.S.) No. 38/2011, The suit was filed by the appellant inter-alia, seeking specific performance of an agreement to purchase dated 10.01.2001 as also cancellation of a release deed dated 23.08.2006 executed by defendant No. 1 (Krishan Kumar) in favour of respondent No. 2 (defendant No. 2) in respect of the entire holding of defendant No. 1, which was to the extent of 8 bighas and 8 biswas in Khasra No. 208, in the Revenue Estate of Village Hiran Kudna, Delhi. The cancellation of the release deed was sought only to the extent of 1 bigha and 10 biswas which was sought to be sold by virtue of the agreement to purchase dated 10.01.2001 (executed on 23.02.2001). In the suit, a prayer for injunction restraining the defendants from dispossessing the plaintiff in respect of the said 1 bigha and 10 biswas of land was also included. An alternative prayer was also made for damages, which was estimated at Rs. 70 lacs. In the suit, a preliminary issue had been framed, which was as follows:-

(2.) The said preliminary issue has been decided by virtue of the impugned judgment and the learned Single Judge has held that the relief of specific performance cannot be claimed in view of the clear provisions of Section 33 and Section 45 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as the said "Act").

(3.) The facts of the case are that the said Agreement to Sell/Purchase is dated 10.01.2001 but is stated to have been signed and executed on 23.02.2001. At the point of time when the said agreement was entered into, defendant No. 1 who was the proposed seller owned land to the extent of 8 bighas and 8 biswas. However, out of that holding, only 1 bigha and 10 biswas was proposed to be sold to the appellant and along with the Agreement to Sell/Purchase certain other documents such as the General Power of Attorney, Will, Affidavit, Receipts were executed on the very date i.e. 23.02.2001. In fact, the General Power of Attorney and the Will in favour of the plaintiff were also registered on that date. The total consideration of Rs. 10 lacs was paid by the appellant/plaintiff to defendant No. 1 and the possession of the land to the extent of 1 bigha and 10 biswas was also handed over to the appellant/plaintiff by defendant No. 1 (Krishan Kumar).