ALKA TYAGI Vs. BIJENDER SINGH

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for specific performance and permanent injunction under Sections 10 and 34 of Specific Relief Act with respect to land comprising in Khasra No. 15//3(4 -5), 4(2 -18), 5(2 -1), 26 (0 -3), 1(1 -12), situated in the Revenue Estate of Village Devrala, Delhi.

(2.) SUMMONS in the suit and notice in the application under Order XXXIX Rules 1 and 2, were issued on 21.07.2014. Despite service none appeared for the defendants, consequently the defendants were proceeded ex parte vide order dated 22.08.2014. Time was granted to the plaintiff to file affidavits by way of evidence.

(3.) PW 1 has also deposed that the defendants and their father Late Sh.Maan Singh agreed to sell their land comprising in Kh.No. 15//3 (4 -5), 4 (2 -18), 5 (2 -1), 26 (0 -3), 1 (1 -12) to the plaintiff and in this regard an agreement to sell dated 14.07.2011 was executed between the plaintiff and father of the defendants with the consent of the defendants as the defendants have also given their consent in written vide affidavit dated 14.07.2011 and in the said affidavit the defendants have undertaken that if Sh.Maan Singh dies before the completion of the sale transaction, then the defendants would complete the same. The agreement to sell dated 14.07.2011 has been exhibited as Ex -PW -1/2. The defendants had agreed to sell the said land for a total sale consideration of Rs. 1,20,83,334/ - (Rupees One Crore Twenty Lacs Eighty Three Thousand Three Hundred Thirty Four Only) out of the said total sale consideration the plaintiff has paid a sum of Rs. 18,00,334/ - for which a separate receipt dated 14.07.2011 was executed by the father of the defendants. That out of Rs. 18,00,334/ - the defendants received Rs. 9,00,334/ - in cash and Rs. 9,00,000/ - vide Cheque No. 289937 dated 20 -7 -2011. The receipt has been exhibited as Ex -PW - 1/3.