LAWS(DLH)-2014-4-194

MEENU UPADHYAY Vs. KANWAR PAL SINGH

Decided On April 24, 2014
Meenu Upadhyay Appellant
V/S
KANWAR PAL SINGH Respondents

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for recovery and damages for a sum of Rs.32,35,000/ -.

(2.) THIS is an application under Order XXXIX Rule 4 CPC filed by defendant No.1 seeking vacation of the interim order dated 17.05.2013 which was made absolute on 12.07.2013 by virtue of which defendant No.1 was restrained from creating any third party interest in respect of property bearing No.C -5/134, Area measuring 35 sq.m., Yamuna Vihar, Ilaqa Shahdara, Delhi -110053.

(3.) HE further submits that the defendant No.1 is a government servant (school teacher). He was in need of funds and had entered into an agreement to sell with regard to his property bearing No.C -5/134, Area measuring 35 sq.m., Yamuna Vihar, Ilaqa Shahdara, Delhi -110053. He further submits that the plaintiff did not comply with her part of the agreement, resultantly, the earnest money paid by the plaintiff to defendant No.1 was forfeited in terms of clause 4 of the agreement between the parties. It is further submitted that the plaintiff was not ready and willing to perform her part of the agreement to sell which is evident from the fact that on 07.11.2013, before this Court three months time was sought by the plaintiff to arrange for balance sale consideration which has not been paid to the defendant No.1 till date.