LAKHBIR SINGH Vs. ARUN KHANNA

JUDGEMENT

(1.) Post completion of pleadings, called upon to admit/deny the documents filed by the parties, execution of Ex.P-1 was admitted by the parties. It is the agreement to sell executed on November 18, 2006 by Arun Khanna (the seller/defendant) and Lakhbir Singh (the purchaser/plaintiff).

(2.) Sale consideration agreed is Rs. 1,20,00,000/- (Rupees One Crore and Twenty Lacs only). The first floor of property bearing Municipal No.3 on road No.5 in Punjabi Bagh Extension, New Delhi, has to be sold. Rs. 12,00,000/- (Rupees Twelve Lacs only) are acknowledged as having been received by Arun Khanna. The sale has to be completed on or before 300 days, the agreement to sell is executed on November 18, 2006. The parties have thus recorded that the sale-deed has to be executed by August 15, 2007.

(3.) In the suit instituted on May 26, 2009, seeking specific performance of the agreement to sell Ex.P-1, case pleaded by Lakhbir Singh is that after Ex.P-1 was executed and he paid Rs. 12,00,000/- (Rupees Twelve Lacs only) to Arun Khanna, and that balance sale consideration had to be paid when sale-deed was executed, at the asking of Arun Khanna he paid further sums, and in all paid Rs. 72,00,000/- (Rupees Seventy Two Lacs only) to Arun Khanna.