DEEPT SARUP AGARWAL Vs. S. RANDHIR SINGH CHANDHOK

JUDGEMENT

(1.) The present application under Order 12 Rule 6 of The Code of Civil Procedure, 1908 (in short "CPC") has been filed on behalf of defendant No. 1 for dismissal of the present suit, seeking a judgment on admission, in view of provisions of Ss. 3 and 4 of The Prohibition of Benami Property Transactions Act, 1988 (Benami Act) read with Sec. 16 of The Specific Relief Act, 1963.

(2.) The present suit is for specific performance of Agreement to Sell dtd. 6/2/2017 and Supplementary Agreement dtd. 15/5/2017 in respect of a double storey built up property bearing No. 5878, built on plot No. 19-B in Block UA, measuring 183.3 sq. Yards situated in the layout plan of Northern City Extension, Scheme No. 1, Sabzi Mandi, presently known as Jawahar Nagar, Malka Ganj Road, Delhi " 110009 (suit property). By way of the aforesaid Agreement to Sell, predecessor-in-interest of defendants agreed for sale of the suit property to the plaintiff for sale consideration of Rs.10.00 crores. At the time of execution of the Agreement to Sell, plaintiff had paid an amount of Rs.1.00 crore as part payment in respect of purchase of the suit property. The balance sale consideration of Rs.9.00 crores was agreed to be paid at the time of execution and registration of Sale Deed in respect of the suit property, which was agreed to be done on or before 16/5/2017.

(3.) However, due to various intervening circumstances, sale deed in respect of the suit property was not executed by the predecessor-in-interest of the defendants herein. The predecessor-in-interest of the defendants, Sh. Prehlad Singh Chandhok expired in the last week of June, 2017. Since the defendants herein did not respond to the plaintiff for execution of the sale deed in his favour, the present suit was filed by the plaintiff.