SANJAY BANSAL Vs. MONIKA GUPTA

JUDGEMENT

(1.) The brief facts of the case at hand are that an Agreement to Sell dated 07.05.2012 was entered into between the Defendant (Vendor) and the Plaintiff (Vendee) in respect of property situated at Plot No. 68, measuring 50.40 sq. mt., Pocket II, Block G, Sector 11, Rohini, New Delhi 110085 (hereinafter referred to as the 'suit property') for a total sale consideration of Rs. 80,00,000 (Rupees Eighty Lakhs) to be paid by the Plaintiff to the Defendant. Out of the total sale consideration, Rs. 50,00,000 (Rupees Fifty Lakhs) was paid on the same day by the Plaintiff and the receipt in respect of the same was also issued by the Defendant. The remaining consideration of Rs. 30,00,000 (Rupees Thirty Lakhs), as per the terms of Agreement to Sell was to be paid on or before 15.05.2012 i.e. at the time of execution of the Sale Deed.

(2.) It was further covenanted in the Agreement to Sell that on payment of balance consideration by the Plaintiff, transfer papers of the suit property shall be executed by the Defendant and vacant physical possession of the suit property shall be handed over to the Plaintiff by the Defendant. Moreover, it was agreed that if the Plaintiff fails to pay the balance sale consideration within the stipulated period, the amount already paid shall stand forfeited to the Defendant after giving a 15 days' notice for payment and if the Defendant fails to execute transfer papers within stipulated period, she shall refund double the amount of the money already received to the Plaintiff and the Plaintiff shall also be entitled to institute a suit for specific performance of the Agreement to Sell.

(3.) Thus, since the Defendant failed to perform her part of the Agreement within the stipulated period and even within the extended period by 31.12.2012, as granted to her on her request, the present suit seeking specific performance of the Agreement to Sell has been instituted.