MOHD ZEESHAN Vs. MOHD TAHIR

JUDGEMENT

(1.) The plaintiff has filed the present suit for specific performance of an Agreement dated 13.03.2012 and permanent injunction.

(2.) Summons in the suit and notice in the application were issued on 9.12.2013. Upon service counsel for the defendant entered appearance on 2.5.2014 however neither Vakalatnama was filed nor the written statement was filed. The Joint Registrar placed the matter before court on 25.07.2014. On 25.07.2014 counsel for the defendant stated that she would file her written statement along with an appropriate application. None has appeared on behalf of the defendant today. Hence it is prayed that the present suit be decreed under order VIII Rule 10 CPC.

(3.) The plaint is duly supported by the affidavit of plaintiff. The necessary facts, as per the plaint, are that the plaintiff is the lawful and bonafide purchaser of the property land area measuring 86 sq yards out of Khasra No. 381 and 382, bearing property No. 738, situated in the area of village Mustafabad, Gali No. 10, Main 25 Futa Road, Rajiv Gandhi Nagar, New Mustafabad, Illaqa Shahdra, Delhi. The said property was purchased by the plaintiff from defendant vide an agreement dated 13.3.2012 for a total sale consideration of 92 lacs which was duly paid by the Plaintiff to the Defendant as full and final payment. A receipt dated 13.03.2012 acknowledging the payment was also issued by the Defendant.