SANGIT AGRAWAL Vs. PRAVEEN ANAND

JUDGEMENT

(1.) The plaintiff has filed the present Suit seeking a decree of Specific Performance of Agreement to Sell dated 28th September, 2006 and for directions to the defendant to execute all necessary documents of sale in favour of the plaintiff as per the said Agreement.

(2.) The brief facts of the case as set out by the plaintiff in the Plaint are that defendants approached the plaintiff, that defendant No.1 is the sole and exclusive owner of Plot No.143, Pocket-6, block 8 Sector 28 Rohini, Phase- IV, Residential Scheme, measuring 60 sq. meters and allotted by Delhi Development Authority. It is stated that defendant No.2 claimed to be the General Power of Attorney holder of defendant No.1 in respect of the abovesaid plot. On 28th September, 2006 an Agreement to Sell took place between the plaintiff and defendant No.1 whereby the defendant agreed to sell the aforesaid plot for a total consideration of Rupees 23,50,000/-. In advance an earnest money/bayana of Rupees 4,50,000/- was also paid. The Agreement to Sell was signed by defendant No.2 on behalf of defendant No.1.

(3.) It is further submitted by the plaintiff that the Agreement to Sell stipulated that the transaction shall be completed within a period of three months. It is further stated that the defendants had agreed to convert the property from leasehold to freehold within three months and simultaneously the defendant would transfer the absolute rights and title of the property in favour of the plaintiff.