RITESH Vs. SURAT SINGH

JUDGEMENT

(1.) This suit for specific performance and permanent injunction has been filed by the Plaintiff against the Defendant. Vide an Agreement for Sale(Ex.PW-1/1) dated 30.05.2013, the Plaintiff agreed to purchase the land measuring 2 bighas and 7 biswas comprising Khasra nos.29//5(2-7) situated in the revenue estate of Village Kanjhawala, Delhi-110081 for a consideration of Rs. 21 lakhs. An amount of Rs. 10 lakhs was paid to the Defendant as earnest money (Ex.PW1/2) and the balance consideration of Rs. 11 lakhs was to be paid within 30 days, i.e., till 29.06.2013 at the time of execution of the Sale Deed subject to obtaining of NOC by the Defendant. It is the case of the Plaintiff that on 25.06.2013, the Plaintiff requested the Defendant to obtain the required NOC in terms of clause 11 of Agreement for Sale (Ex.PW1/1). The Defendant promised to obtain the NOC in the first week of July, 2013, but the same was not obtained.

(2.) The Plaintiff served a legal notice dated 08.07.2013 (Ex.PW1/3) expressing his willingness to pay the balance amount and again requested the Defendant to obtain the NOC. The Defendant sent a reply dated 11.07.2013 admitting execution of the Agreement of Sale and receipt of the amount of Rs. 10 lakhs. He, however, stated that the Plaintiff was under obligation to pay the balance amount of Rs. 11 lakhs within 30 days and that having not been done, the earnest money of Rs. 10 lakhs had been forfeited. The Defendant also informed that he never promised the Plaintiff to obtain the NOC.

(3.) Summons of the suit were served upon the Defendant. The Defendant preferred not to contest the proceedings and was proceeded ex parte and ex parte evidence was ordered by an order dated 22.10.2013. The Plaintiff corroborated the averments made in the plaint by proving the Agreement for Sale dated 30.05.2013 (Ex.PW1/1), Receipt dated 30.05.2013 for Rs. 10 lakhs (Ex.PW1/2), legal notice dated 08.07.2013 (Ex.PW1/3) and its reply dated 11.07.2013 (Ex.PW1/4).