JOGINDER SINGH BEDI Vs. SARDAR SINGH NARANG

JUDGEMENT

(1.) This appeal arises out of a suit for specific performance. The suit was decreed in favour of the purchaser by a learned single judge of this court on 4-12-1981. From that decree the vendor appeals to this court. A transferee of the property has also filed cross-objections.

(2.) The appellant Joginder Singh Bedi was the owner of House No. A-67 South Extension Part I, New Delhi. He is the vendor. On 29-4-1972 he agreed to sell the house to Narotam Singh, respondent No. 2, a Thailand based Indian for a sum of Rs. 1,35,000. He is the purchaser. At the time of the execution of the agreement to sell a sum of Rs. 20,000 was paid by the purchaser to the vendor. In furtherance of the agreement to sell the vendor executed a sale deed in favour of the purchaser on 3-5-1972 engrossed on a stamp paper of the value of Rs. 10,800. The purchaser asked the vendor to obtain an income tax clearance certificate and to get the sale deed registered. The purchaser was prepared to pay the balance of the purchase price, that is, Rs. 1,15,000 at the time of the registration of the sale deed. The vendor did not do his part. He took no steps to obtain the income. tax clearance certificate. And without the clearance certificate the sale deed could not be registered. The purchaser sent a telegram and issued a notice to the vendor on 3-7-1972 asking him to complete the sale. But as the vendor did not come forward the purchaser instituted a suit for specific performance on 10-7-1972.

(3.) At the threshold the vendor pleaded that he had already sold the property to his sister Smt. Nirmal Jyot on 3-8-1972. Therefore, the purchaser sought amendment of the plaint by* seeking to add the sister as a party defendant to the suit. The amendment was allowed on May 14, 1973. The sister was added as defendant No. 2 to the suit. She will hereafter be generally referred to as the sister. She is the transferee. Her case is that she is a transferee in good faith for value without notice.