P D AGGARWAL Vs. AZAD SINGH

JUDGEMENT

(1.) The plaintiff has filed a suit for specific performance of the agreement to sell dated 3rd September, 1997 entered between the parties for execution of sale deed and registration.

(2.) Brief facts for the purpose of adjudication are that an agreement to sell dated 3rd September, 1997 was entered between the parties whereby the defendant contracted to sell to the plaintiff certain agricultural land owned by him bearing Khasra Nos. 75(4- 16), 76(4-16), 77(4-16), 78(4-16), 155(4-16), 227(4-16), 228(4-16), 230(1-12), 231(1-8), 232 (4-13), 233(4-12), 336(3-9), 339(4-10), 340(2-3) situated in the area of village Mohamadpur Ramjan Pur, Delhi (hereinafter referred to as the "suit property") for the sum of Rs.100,00,000/-. Out of the total sale consideration of Rs.100,00,000/-, a sum of Rs.20,00,000/- was paid to the defendant as earnest money and the balance amount of Rs.80,00,000 was to be paid within 45 days of the date of entering into agreement to sell.

(3.) It is the case of the plaintiff that it was agreed between the parties that on receipt of the said balance amount of Rs.80,00,000/- the sale deed shall be executed and the suit property shall be registered in favour of the plaintiff or his nominee. The defendant would also hand over all the documents of the title deed of the suit property as well as the physical possession to the plaintiff.