OM PRAKASH Vs. SHEESH RAM

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dtd. 23/9/2015 passed by the Court of Additional District Judge-II (North-East), Karkardooma Courts, New Delhi in Civil Suit No.131/2014 partly decreeing the civil suit for specific performance to the extent of refund of the earnest consideration in favour of the appellant/plaintiff and against the respondents/defendants. However, the plaintiff/appellant has preferred the present appeal as the prayers agreement to sell dtd. 29/7/2008, possession of property in question, declaration of documents dtd. 1/11/2008 as null and void, cancellation of documents dtd. 1/11/2008 and permanent injunction to the appellant/plaintiff holding the respondent/defendant No. 2 as bona fide purchaser of the property in question were denied.

(2.) A brief account of the facts would portray that the appellant/plaintiff and respondent/defendant No.1 (since deceased) entered into an agreement to sell on 29/7/2008 (Ex. PW-1/B) with respect to property No. B-100, Gali No. 12, Phase-10, Poll No. 6721, Shiv Vihar, East Karawal Nagar, Delhi-94, measuring 120 Sq. yards (hereinafter 'suit property"). The respondent/defendant No.1 agreed to sell the suit property to the appellant/plaintiff for a total consideration of Rs.18,45,000.00, out of which Rs.2,00,000.00 was paid as earnest money at the time of execution of the agreement to sell by the appellant/plaintiff to respondent/defendant No.1 in the presence of witnesses. The said transaction was noted in the agreement to sell and a separate bayana receipt (Ex. PW-1/C) was also executed. Both the parties agreed to the execution of the sale deed after payment of the balance consideration of Rs.16,45,000.00 on or before 31/10/2008 before the Sub-Registrar.

(3.) On the agreed date of execution of the sale deed i.e. 31/10/2008, though the appellant/plaintiff claimed to have appeared before the Sub-Registrar along with the balance consideration but the respondent/defendant no.1 did not turn up. On the following morning, the plaintiff went to the house of defendant No.1 which ended up in a quarrel between them. Thereafter, the appellant/plaintiff served a legal notice upon the respondent/defendant No.1 dtd. 3/11/2008 (Ex.PW-1/E). However, to the dismay of the appellant/plaintiff, the respondent/defendant No.1 by then had already executed a set of documents namely, an agreement for sale (Ex.PW-1/L) a possession letter (Ex.PW-1/M), a General Power of Attorney (Ex.-PW1/K) and a will deed (Ex.PW-1/P), dtd. 1/11/2008 (all documents in favour of the respondent/defendant No.2). Aggrieved by the conduct of the respondent/defendant no.1, the appellant/plaintiff filed a civil suit for specific performance, declaration, cancellation of documents, possession and permanent injunction.