JASWANT RAI Vs. ABNASH KAUR

JUDGEMENT

(1.) At the conclusion of the hearing of the suit I announced the judgment. I passed a decree for Rs. 50.000.00 in favour of the plaintiff against the defendant with interest at the rate of 6% per annum from the date of suit till payment and proportionate costs. I now give my reasons.

(2.) By an agreement in writing dated 2nd October, 1963, Jaswantrai plaintiff (hereinafter called the "purchaser") agreed to purchase and Smt. Abnash Kaur defendant (hereinafter called the "vendor") agreed to sell a dwelling house No. 3, Southend Road, New Delhi, for Rs. 9,35,000.00. In this agreement the vendor stated that she was the "absolute and exclusive owner" of the house which she had purchased from S. B. Basakha Singh by sale deed dated January 18, 1956. Two material terms of this agreement may here be reproduced :

(3.) In terms of the sale deed the purchaser paid Rs. 50.000.00 on 2nd October. 1963, to the vendor. Another sum of Rs. 40.000.00 to be paid by the purchaser by 15th October, 1963. The sale was to be completed on or before 15th April, 1964.