SUNIL SEHGAL Vs. CHANDER BATRA AND ORS.

JUDGEMENT

(1.) This is a suit for specific performance filed by the plaintiff with respect to the property bearing no. 2223, Outram Line, Kingsway Camp, Delhi-110009. The Agreement to Sell of which specific performance is sought is dated 29.6.2004. The total sale consideration was of Rs.79,50,000/- of which the plaintiff paid a sum of Rs.10 lacs to the defendants and which was acknowledged by the defendants on 29.6.2004 by a receipt. Plaintiff in addition to the amount of Rs.10 lacs paid a further sum of Rs.5 lacs to the defendants on 20.8.2004. Plaintiff's case was that defendants had committed a breach of contract by failing to execute the sale deed in favour of the plaintiff, and therefore, the present suit for specific performance was filed.

(2.) In the written statement filed by the defendants, receipt of Rs.15 lacs under the agreement to sell has been admitted in para 1 of the preliminary objections in the written statement and which para reads as under:-

(3.) A reading of the aforesaid para shows that in fact the defendants were, on the defendants being held guilty of breach of contract, ready to pay the total amount to the plaintiff i.e Rs.30 lacs instead of Rs. 15 lacs, however, as the facts discussed hereinafter show that the plaintiff is entitled to and suit is to be decreed for the sum of Rs.15 lacs, being the amount received by the defendants under the agreement to sell, with interest at 15% per annum simple.