SUNIL ARORA Vs. V.K. VADHERA

JUDGEMENT

(1.) Plaintiff has filed the present suit for specific performance of agreement to sell dated 27.11.1991 in respect to property bearing No.4, Block B-1, Phase-II, Ashok Vihar, Delhi. A decree of permanent injunction is also sought. Counsel for the plaintiff was requested to address arguments on the question of limitation, as on a bare reading of the plaint the Court was of the view that the present suit was hopelessly barred by limitation.

(2.) The facts of the case as stated by the plaintiff in the plaint are that the plaintiff is one of the legal representatives of deceased, Sh.Des Raj Arora. The said Sh.Des Raj Arora had been authorized by a special power of attorney by other legal representatives to institute the present suit. (It may be noted that all the legal heirs have not been made a party to the suit). Sh. Des Raj Arora died on 3.3.2013. Sh.Des Raj Arora entered into an agreement to sell with the defendant on 27.11.1991 with respect to property No.4, Block B-1, Phase-II, Ashok Vihar, Delhi, for a total sale consideration of Rs.58.0 lacs, out of which Rs.4.0 lacs was paid to the defendant as earnest money vide pay order No.000853 dated 27.11.1991 drawn on State Bank of India, Rana Pratap Bagh, Delhi. Plaintiff further paid another sum of Rs.6.0 lacs in cash to the defendant as part of the sale consideration.

(3.) According to the plaint out of Rs.58.0, Rs.10.0 lacs stand paid to the defendant and the balance sale consideration was to be paid at the time of execution of the sale deed i.e. transfer of property in favour of the plaintiff. The defendant agreed to get the property mutated in his name in the record of the DDA. Defendant was also to get extension of time for construction of the building at his own cost and at the time of the agreement to sell the defendant had already applied for mutation and the same was being processed.