VARUN GUPTA Vs. KANTA DEVI

JUDGEMENT

(1.) I .A. 3229/2015 (joint application under Order XXIII R 3 CPC)

(2.) THE plaintiff has filed the accompanying suit against the defendant for seeking specific performance of an Agreement to Sell dated 18.04.2013, in respect of a flat situated in a Co -operative Society at Dwarka, Delhi. Counsels for the parties state that during the pendency of the present proceedings, the parties have executed a MOU dated 23.01.2015 and apart from the plaintiff and the defendant, Smt. Rekha Pawar is also a signatory to the said MOU. It is submitted by the counsels for the parties that the defendant had agreed to sell the suit property to the plaintiff for a sum of Rs. 66 lacs and out of the said sale consideration, a sum of Rs. 58 lacs (approx.) had already been paid by the plaintiff to the defendant. It has now been agreed under the MOU that Smt. Rekha Pawar will pay the balance sum of Rs. 8 lacs directly to the defendant, who shall execute the Sale Deed in respect of the suit premises in her favour and the plaintiff shall receive the amount paid by him to the defendant, directly from Smt. Rekha Pawar.

(3.) COUNSELS for the parties state that the defendant has already received a sum of Rs. 8 lacs from Smt. Rekha Pawar and the plaintiff has also received the amount tendered by him as part sale consideration to the defendant from the aforesaid buyer. It is submitted that only the Sale Deed is left to be executed by the defendant in favour of Smt. Rekha Pawar and it has been agreed between the parties that the plaintiff shall be a witness to the said Sale Deed that shall be executed within two weeks from today.