KAILASH CHAND Vs. GANESH

JUDGEMENT

(1.) THIS is an appeal against an order of the learned Single Judge decreeing the suit, CS(OS) 1445/2005, for specific performance. The plaintiff in the suit sued the present appellant Kailash Chand (hereafter "the defendant") seeking specific performance of two agreements dated 18.06.2004 and 14.09.2004 in respect of the defendant's 1/3rd share (2 bigha, 8 biswas) out of Khasra No. 28/11, Village Kakrola, New Delhi (hereafter 'the suit property'). A decree for vacant possession of the property with title, was sought by the plaintiff; (and in the alternative, payment of Rs.16 lakhs, i.e. double the advance amount paid by for the suit property originally) was claimed.

(2.) UNDER the agreement dated 18.06.2004, the vendor/defendant agreed to sell the suit property to the plaintiff for a total consideration of Rs. 20,00,000/ -. Though the transaction of sale was to be completed by 15th September, 2004, a mutual agreement was entered into between the parties on 15th September, 2004, whereby the final date for payment of the balance consideration and execution of the documents was to be 4th October, 2004. Under this agreement, The defendant also acknowledged payment of Rs.8,00,000/ - till the date of the agreement.

(3.) THE learned Single Judge held that the suit was not barred by Sections 4 and 5 of the Delhi Land (Restrictions on Transfer) Act, 1972 in view of the defendant's admission during cross -examination that "no sale permission was required to be obtained from any authority", but that, a mutation of the land in his favour was sufficient. Further, the learned Single Judge held that the plaintiff was ready and willing to perform his obligations under the two agreements, and was, consequentially, entitled to specific performance.