DEVENDERJEET SINGH SETHI Vs. OM PRAKASH ARORA

JUDGEMENT

(1.) The appellant (who was the plaintiff in the suit) has challenged the Judgement dtd. 1/7/2019 whereby his suit for Specific Performance of the Agreement to Sell dtd. 5/3/2010 and Permanent Injunction, has been dismissed.

(2.) Facts in brief are that Shri Jeevan Dass, father of the respondents (who were the defendants in the original suit), was the recorded owner of the premises bearing no. 7/13 Roop Nagar, Delhi-110007 admeasuring about 515 square yards (hereinafter referred to as 'the suit property'). He died intestate on 13/3/1979 leaving behind his legal heirs i.e, his sons and daughters who relinquished their legal rights in the suit property in favour of the mother, Smt. Ram Pyari, who became the owner of the suit property. Smt. Ram Pyari died on 22/9/1999 leaving behind a registered Will dtd. 8/1/1981 bequeathing the suit property in favour of respondent nos. 1 to 3. The suit property was accordingly mutated in favour of the three respondents vide Mutation Letter No. TAX/CLZ/CENRANGE/04-392 dtd. 21/6/2005 on the basis of the Will of late Smt. Ram Pyari and the No Objection Certificates given by other legal heirs of late Smt. Ram Pyari.

(3.) The appellant (who was the plaintiff in the original suit) entered into an Agreement to Sell dtd. 5/3/2010 with the respondents No.1 to 3 in respect of the suit property for a sale consideration of Rs.10,42,50,000.00. It was informed by respondent no. 1&2 that though No Objection Certificates have already been given by the other legal heirs of Smt. Ram Pyari, and they had no title interest in the suit property, but fresh No Objection Certificates of the other legal heirs shall still be provided to the appellant. Both respondent nos. 1 and 2 also informed the appellant that respondent no. 3, who was based in the US, was likely to travel to India shortly and that they both were fully authorised and competent to conclude the sale transaction on his behalf. Due consent and confirmation was taken from respondent no. 3 telephonically by respondent nos. 1 and 2, in the presence of the appellant. Accordingly, Rs.5,00,000.00 was paid by the appellant as an advance sale consideration for which formal Receipt-cum-Agreement dtd. 5/3/2010 was signed and executed by Respondents no. 1 and 2 acknowledging and confirming the sale transaction in respect of the suit property which was duly witnessed by two brokers, namely Gagan Makkar and Harmeet Singh. In terms of the Reciept-cum-Agreement to Sell, the final date for payment of balance consideration was agreed to be on or before 5/10/2010.