RADHEY SHYAM Vs. KAMALJEET SINGH BHATIA

JUDGEMENT

(1.) PLAINTIFFS have filed the present suit for specific performance and injunction against the defendant. Despite service, defendant has chosen not to appear in the matter and accordingly the defendant was proceeded ex parte vide order dated 3.4.2013. Plaintiff has filed the ex parte evidence by way of affidavit of the plaintiff no.1.

(2.) AS per the evidence of PW -1 (plaintiff no.1), defendant is the owner of property bearing No.57, Pocket -11, Sector -24, Rohini, Delhi measuring 60 sq. metrs. The sale deed in favour of the defendant is stated to be registered at serial no.2735 in additional book no.9 volume 1333 at pages 532 to 38 dated 2.3.2001. This property was purchased by the defendant from the previous owners Sh.H.S. Batra and Smt.Gurcharan Kaur. The defendant entered into an agreement to sell with the plaintiff in relation to the aforesaid property on 9.10.2010 for a total sale consideration of Rs.65.0 lacs out of which Rs.7.0 lacs was paid by the plaintiffs on the same date in the following manner: Rs.4.0 lacs in cash Rs.3.0 lacs by cheque no.416441 dt. 10.10.2010 drawn on Vijaya Bank, Raja Garden, Delhi

(3.) IT is further testified by PW -1 that the balance sale consideration was to be paid on or before 25.11.2010, when peaceful possession of the property was to be handed over to the plaintiffs and a sale deed was to be executed simultaneously. It has also been testified that the plaintiffs have all along been ready and willing to perform their part of the contract and they are ready and willing to pay the balance money. It is also testified that the plaintiffs requested the defendant on 24.11.2010 to execute the sale deed in their favour, but the defendant sought further time to seek permission from the DDA.