H.K. CHHABRA Vs. MANMEET KAUR

JUDGEMENT

(1.) THE present suit has been instituted by the plaintiff praying for specific performance of an Agreement to Sell dated 26.05.2010, or in the alternative, for compensation of Rs. 1 Crore, pleading:

(2.) SUMMONS of the suit were issued and upon non -appearance of the defendant, the defendant was proceeded ex -parte on 23.02.2012.

(3.) WHEN the matter was listed for ex -parte hearing on 01.11.2013, this Court adjourned the matter directing the plaintiff to satisfy it regarding whether a decree for specific performance can be granted with respect to a first floor, when no construction at all has been raised by the defendant on the plot in question and there is no first floor in existence. The plaintiff, to address the query posed by this Court, relies on Canara Bank Vs. K.L. Rajgariha 157 (2009) DLT 344, Silvey Vs. Arun Varghese AIR 2008 SC 1568 and M.K. Sehgal Vs. Mohinder Kaur . However, a perusal of the judgments reveals that none of them bear any relevance to the issue flagged by this Court on 01.11.2013. I may also notice that Canara Bank supra has been overruled vide judgment dated 08.05.2012 of the Division Bench of this Court in RFA(OS) NO.47/2009 titled K.L. Rajgarhia Vs. Canara Bank, though S.L.P. No.26205/2012 thereagainst stands granted.