T. MURLIDHAR Vs. P.V.R. MURTHY

JUDGEMENT

(1.) THE Plaintiff has filed the present suit for specific performance of an oral agreement to sell. On 29.08.2013, issues were framed and issue No.1 i.e. ''Whether the plaint in the present Suit discloses any cause of action? (OPD) '' was treated as a preliminary issue.

(2.) THE Plaintiff has contended that the Defendant is the owner of a flat bearing No. 7430, Sector B -10, Vasant Kunj, New Delhi and that he agreed to sell the said flat to the Plaintiff for a total sale consideration of Rs.26,00,000/ -. The Plaintiff paid a sum of Rs.50,000/ - in cash to the Defendant as advance and the Defendant handed over the keys to the Plaintiff as part performance of the deal.

(3.) IT is contended that the parties agreed that the Defendant would execute the agreement to sell in favour of the Plaintiff to enable him to generate a loan from the financial institutions and pay to the Defendant the balance sale consideration. However, the said agreement was not executed but the Defendant promised to visit Delhi to complete the formalities for execution of the same.