RATTAN LAL Vs. VASDEV

JUDGEMENT

(1.) THE appellant filed a suit for specific performance against the respondent, which was decreed by the learned Trial Court. The respondent's appeal against the decree of specific performance was allowed by the learned Additional District Judge resulting in the setting aside of the decree. The learned first appellate Court while dismissing the plaintiff's suit for specific performance directed the defendant to refund Rs.1,00,000/ - along with interest @ 6% per annum to the plaintiff. The appellant has approached this Court in second appeal. For the sake of convenience, the appellant and the respondent are referred to as per their ranks in the plaint as 'plaintiff' and 'defendant', respectively.

(2.) THE plaintiff and the defendant are real brothers. On 10th November, 2005, the plaintiff agreed to purchase second floor of property No.A -24, Gali No. 8, Pratap Nagar, Mayur Vihar Phase -I, Delhi - 110092 from the defendant for a total consideration of Rs.2,50,000/ - out of which Rs.1,00,000/ - was paid on 10th November, 2005 and the balance sale consideration of Rs.1,50,000/ - was agreed to be paid on or before 15th December, 2005. The terms of the agreement were recorded in receipt Ex.PW1/2, which is reproduced hereinbelow: -

(3.) THE first written communication between the parties is the legal notice dated 26th June, 2008 (Ex.PW1/3), whereby the plaintiff called upon the defendant to execute the title documents in favour of the plaintiff within 15 days. There was no communication between the parties after this legal notice.