MAHENDER SINGH Vs. CHANDA CHAWLA

JUDGEMENT

(1.) The present suit has been instituted by the plaintiff praying inter alia for specific performance of an Agreement to Sell dated 5.1.2012, executed in respect of a plot of land bearing No.C-12-B, measuring 240 sq. yards out of a total area of 1400 sq. yards, comprised in Khasra No.271, situated in the revenue estate of village Sahibabad Daulatpur, commonly known as Block "C? Prehlad Vihar, Delhi, with directions to the defendant to handover the vacant peaceful possession of the subject plot and execute a sale deed/conveyance deed in respect thereof. In the alternative, the plaintiff seeks a decree for recovery of Rs. 50.00 lacs as damages against the defendant along with the refund of the amount paid by him to the defendant, with pendente lite and future interest @ 18% p.a. Lastly, the plaintiff seeks a decree of permanent injunction for restraining the defendant from selling, transferring, alienating or parting with possession of the subject plot of land.

(2.) After completion of pleadings and admission/denial of documents, the suit has been placed before the Court for framing of issues.

(3.) Counsel for the defendant states at the outset that it is not his client, who is in possession of the subject plot, rather it is the plaintiff who is in possession and he had taken over the possession on 03.01.2012 at the time of execution of the Agreement to Sell, GPA, SPA , will, possession letter, etc. which fact is duly reflected from a perusal of the said documents. He states that the plaintiff is well aware of the fact that the subject plot falls in an unauthorized colony and at present, a sale deed cannot be executed or got registered as demanded by him. But he hastens to add that his client is not disputing having executed the documents of sale in favour of the plaintiff and nor is she laying a claim on the said land. He submits that the defendant has already stated in the written statement that she shall co-operate in every manner with the plaintiff for the registration of the sale deed, as and when the authorities permit the same and in the light of the said undertaking, the defendant has no objection if the suit is decreed under Order XII Rule 6 CPC in terms of prayer (a) & (c) of the plaint except for the prayer with regard to possession of the subject plot, it being in the possession of the plaintiff. Coming to the second relief prayed for by the plaintiff, learned counsel submits that it being an alternative prayer and the first prayer having been conceded by his client, nothing further survives for adjudication in the present suit.