RAMESH KUMAR BAJAJ Vs. MENGHA RAM

JUDGEMENT

(1.) This is a suit filed on behalf of the plaintiffs for specific performance of agreement to sell dated 25th February, 1990 in respect of 1/4th share out of property bearing No.17/79, Geeta Colony, Delhi.

(2.) The facts of the case as stated in the plaint are that the defendant is the absolute owner of 1/4th share of property bearing No.17/79 alongwith its structure situated at Geeta Colony, Delhi-31. It is further stated in the plaint that the defendant entered into an agreement to sell dated 25th February, 1990 with Shri Vishwanath Bajaj whereby the defendant agreed to sell his 1/4th share out of property No.17/79, Geeta Colony, Delhi for a total consideration of Rs.1,50,000.00 out of which a sum of Rs.50,000.00 was paid by Shri Vishwanath Bajaj to the defendant on the date of the execution of the said agreement to sell i.e. 25th February, 1990. In terms of this agreement the balance amount of Rs.1.00 lac was to be paid to the defendant uptill 15th March, 1990 at the time of the execution of other documents of G.P.A., agreement, receipt et cetra and the defendant was to deliver vacant and physical possession of the said property. In the said agreement to sell it was also stipulated that in case the defendant failed to deliver the possession in vacant condition or failed to execute other documents of sale within the said fixed period, he shall be liable to pay a sum of Rs.50,000.00 received in advance alongwith penalty of Rs.50,000.00 to the purchaser and if the purchaser failed to pay the balance consideration within the stipulated period, the amount paid by him as advance would be forfeited and the sale transactions would be deemed to be cancelled.

(3.) It is then stated that the defendant resiled from the agreement and failed to perform his part of agreement by 15th March, 1990 and accordingly Shri Vishwanath Bajaj through his counsel sent a notice dated 16th March, 1990 to the defendant and in this notice the defendant was called upon to pay the amount of Rs. 1.00 lac (Rs.50,000.00 - paid as advance and Rs.50,000.00 on account of penalty) within seven days from the receipt of the notice. It was further stated in this notice that in case the defendant failed to do so, Shri Bajaj would move the appropriate Court for getting the agreement specifically enforced.