M/S RITU MERCANTILES PVT LTD Vs. LEELAWATI

JUDGEMENT

(1.) Present injunction application has been filed in the suit for Specific Performance of Agreement to Sell dated 03rd February, 2011 for purchase of 1/3rd share of defendant in agricultural land admeasuring 42 Bighas and 6 Biswas (14 Bighas and 2 Biswas) in village Jhatikara, New Delhi-110043 for a total consideration of Rs.5 crores. The admitted position is that as of date, the plaintiffs have paid to the defendant only Rs.50 lacs.

(2.) It is stated that in December, 2010, one Mr. Prem Raj introduced the plaintiff No.2, director of plaintiff No.1, to the defendant?s son to negotiate the aforesaid Agreement to Sell on behalf of the defendant. It is further stated in the plaint that Rs.10 lacs was paid to the defendant in December, 2010 to enable her to discharge a loan of Rs.8 lacs taken from Punjab National Bank.

(3.) According to the plaintiff, it was agreed that in accordance with the standard practice, the balance sale consideration was to be paid after the defendant obtained the "No Objection Certificate? from the statutory authority under the Delhi Land (Restrictions on Transfer) Act, 1972 (hereinafter referred to as "Act, 1972").