MADHVI GUPTA Vs. SNEHA RAJPAL

JUDGEMENT

(1.) The plaintiff has filed the suit for specific performance, declaration and injunction. The property bearing No.B-89-A/2, Kalkaji, New Delhi- 110019 (hereinafter referred to as the 'suit property') was agreed to be sold by the defendant to the plaintiff vide Agreement to Sell dated 20th February, 2010. In fact, the defendant has also agreed to sell another property which is adjacent to the suit property by executing separate Agreement to Sell dated 20th February, 2010 itself in favour of the plaintiff.

(2.) By order dated 23rd December, 2011, this Court directed the parties to maintain status-quo in respect of the suit property and also directed the plaintiff to deposit the balance sale consideration with this Court. Out of the entire sale consideration of Rs.2,55,00,000/-, the plaintiff had duly paid a sum of Rs.90 lac prior to the filing of the present suit and was at all times ready and willing to make the remaining payment as envisaged under the agreement to sell. The plaintiff deposited the balance sale consideration of Rs.1,65,00,000/- with this Court. The said amount has been kept in a Fixed Deposit Receipt.

(3.) It is submitted that during the pendency of the suit, the defendant in collusion with others has also opened a showroom in the suit property, despite of the status-quo order dated 23rd December, 2011 being in operation. Besides, the defendant has also submitted several documents with South Delhi Municipal Corporation for conversion of the suit property in the name of the defendant.