ANAND KUMAR GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a suit for specific performance of the agreement of sale and for possession over plot No. 12, Block 10, Kalkaji Extension, New Delhi.

(2.) The matrix of the case of the plaintiff is that on March 20, 1984 the defendant bad auctioned the leasehold rights in respect of a residential plot bearing No.12, Block No. 10, Kalkji Extension, New Delhi. The plaintiff gave the highest bid for the aforementioned plot which was to the tune of Rs 4,23,000.00. The plaintiff deposited a <PG>256</PG> sum of Rs.1,05,750.00 with the defendant by way of earnest money on March 20, 1984. The defendant through the Director, DDA sent a letter dated March 23, 1984 to the plaintiff slating therein that the bid of the plaintiff for Rs. 4,23,000.00 for the said plot has en confirmed by the Vice Chairman, Delhi Development Authority. The plaintiff was further asked through the abovesaid letter to pay the balance amount of Rs. 3,17,261.00 within sixty days from the date of the issue of the said letter by a demand draft in favour of the defendant. The defendant thereafter sent a letter dated June 29,1984 to the plaintiff staling therein that the balance amount of Rs. 3,17,261.00 should have been deposited by the plaintiff by May 22, 1984. However, the defendant are extending the time for deposit of the balance sale price within fifteen days from the date of issue of the said notice.

(3.) The plaintiff deposited a sum of Rs. 30,000.00 with the defendant vide demand draft dated June 12,1984 drawn on Syndicate Bank, Darya Ganj, New Delhi, prior to the receipt of the letter dated June 29,1984 alluded to above. The plaintiff again requested through the letter dated July 9, 1984 to the defendant for further extension of time to pay the balance amount. The plaintiff thereafter received on September 22, 1984 a letter dated September 12, 1984 issued by the Executive Officer of the defendant that the request for further extension of time to pay the balance amount has been rejected and the bid of the plaintiff had been cancelled and earnest money to the tune of Rs. 1,05,750.00 had been forfeited.