MANJIT SINGH MEHTA Vs. BALWANT KAUR

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for Specific Performance of Contract u/s 5 of Specific Relief Act, Permanent Injunction and Compensation.

(2.) SUMMONS in the suit and notice in the application were issued on 07.09.2012. Counsel for the defendant entered appearance on 03.04.2013 when time was granted to the defendant to file the written statement. No written statement was filed and none appeared for the defendant on subsequent dates to contest the matter, consequently vide order dated 22.04.2014, defendant was proceeded ex parte.

(3.) PW 1 has also deposed that in the beginning of the year 2009, the defendant approached the plaintiff and expressed her desire to sell the second floor with roof/terrace rights of the property bearing no. 24, Block -D, measuring 250.839 sq. meters, situated in the lay out plan of Malviya Nagar extension, presently known as Saket, New Delhi, with common entrance, passage, stair case along with proportionate share of free hold land underneath the same. The site plan showing the suit property in red color has been exhibited as Ex. PW -1/1.