PREM KUMAR BANSAL Vs. AMBRISH GARG

JUDGEMENT

(1.) Present suit has been filed by the plaintiff Prem Kumar Bansal seeking specific performance of para 15 of the agreement to sell dated 18.02.2005 in respect of property bearing No. E-27, Kalindi Colony, New Delhi (hereinafter referred to as the "suit property"). The other reliefs are for mandatory and permanent injunction.

(2.) The case set up by the plaintiff is that on 18.02.2005, the plaintiff and the sole defendant (Ambrish Garg) had entered into an agreement to sell whereby the defendant had agreed to sell the entire ground floor of the aforenoted suit property with a right to construct the basement for which a sale deed was to be executed at a later date. In terms of this agreement, it was agreed that the parties will jointly demolish this property and reconstruction will be raised upon it in a period not exceeding five years. The basement and ground floor would fall to the share of the plaintiff and the first and second floor would fall to the share of the defendant. The garage, drive way, passage and the terrace floor would be common for both the parties. The consideration of the agreement was Rs. 27 lacs which was paid by the plaintiff to the defendant on the same date.

(3.) On 22.02.2005, in part performance of the aforesaid agreement, the defendant executed the sale deed in favour of the plaintiff qua the aforenoted property. It was reiterated that a sum of Rs.27 lacs had been received by the defendant from the plaintiff and the plaintiff had become the owner of the ground floor; he had a right to realize the rent from the ground floor which at that point of time was under tenancy. The plaintiff got the suit property vacated. The property was also mutated in his name on 22.08.2007. The mutation documents specify that the plaintiff is the owner of the ground floor with 50% terrace rights.