SUNIL GUPTA Vs. CHAND RANI VERMA

JUDGEMENT

(1.) THE plaintiff has filed the suit for specific performance of the contract with consequential relief of permanent injunction. The plaintiff has admitted in the plaint that he is the tenant and is residing along with his family members in the suit property, i.e. House No. 4/8, Second Floor, Singh Sabha Road, Shakti Nagar, Delhi -110007. The tenancy was created vide Rent Agreement dated 24th January, 2013 executed between the plaintiff and the defendant at the monthly rent of Rs. 15,000/ - excluding electricity and water charges which the plaintiff has been regularly paying against rent receipts. The plaintiff has also deposited security deposit of Rs. 30,000/ - with the defendant which was returnable without interest.

(2.) IT is alleged in the plaint that the defendant started harassing the plaintiff, for which the plaintiff lodged a complaint with the local police on 17th June, 2013. However, on 20th June, 2013, the defendant approached the plaintiff to settle the matter and stated that the defendant was in need of money in order to clear the loan from HDFC Bank and she gave the proposal to the plaintiff to purchase the entire second floor of the said premises, measuring 125 sq. yards out of total 200 sq. yards, for a total sale consideration of Rs. 40 lacs. The plaintiff accepted the offer and paid a sum of Rs. 5,10,000/ - in cash to the defendant. It was also agreed by way of an oral agreement arrived at between the parties that the security deposit of Rs. 30,000/ - would be adjusted towards the sale consideration and the remaining amount was to be paid by 20th September, 2013. However, later on, the defendant failed to perform her part of the said oral agreement. Thus, the plaintiff issued legal notice dated 21st August, 2013 and called upon the defendant to complete the transaction.

(3.) MR . Rajender Dutt, learned counsel appearing on behalf of the defendant, has argued that the suit is totally false and frivolous and is not maintainable. His client is a widow. The plaintiff is harassing her in frivolous litigation. No oral agreement of any nature was arrived at between the parties. He is simply a tenant who is not paying the rent regularly.