PREM GROVER Vs. BALWANT SINGH

JUDGEMENT

(1.) The defendant is the owner of a four-storeyed property comprising basement, ground floor, first floor and second floor with terrace along with servant quarter block situated at land admeasuring 2 bighas 3 biswas (equivalent to 2150 sq. yds.) forming part of Khasra No. 305/2/03 (2-0) and 308/1/3 min (0-3) situated in Village Chattarpur, Tehsil Hauz Khas, New Delhi having purchased the same vide Sale Deed dated 17.8.1979. A part of the property comprising basement and ground floor is under the teancy of Syndicate Bank as per Lease Deed dated 1.10.2001.

(2.) An Agreement to Sell was executed on 7.7.2004 by the defendant in favour of the plaintiff in respect of the property in question for a total consideration of Rs. 2.69 crores and the earnest money/advance was paid of Rs. 28 lakh. The suit has been filed for specific performance of the said Agreement to Sell.

(3.) The plaintiff claims that the defendant was required to obtain a No Objection Certificate (NOC) from Tehsildar (Notification) in favour of the plaintiff or his nominee to complete the sale transaction and was required to put the plaintiff in physical possession of the property except the tenanted portion. The balance consideration was payable at the time of registration of the Sale Deed and the transaction had to be completed on or before 15th October, 2004 The plaintiff claims that he had informed the defendant that NOC should be obtained in favour of M/s. Encess Builders Pvt. Ltd. and had obtained the signatures of the plaintiff on the requisite application form for obtaining the NOC. The plaintiff approached the defendant some time in the end of September, 2004 and found that the NOC was not obtained. On the other hand, the plaintiff received a telegram dated 14.10.2004 trying to set up a case as if the defendant was ready to complete the transaction and for the plaintiff to reach the Office of Sub-Registrar, Mehrauli, New Delhi. This telegram is stated to have been dispatched on 14.10.2004 at about 3.00 p.m. and was received on 15.10.2004 The telegram was replied to by the plaintiff through Counsel by reply dated 21.10.2004 expressing readiness and willingness of the plaintiff to complete the transaction and asking the NOC to be obtained.