PRERNA BUILDERS PVT LTD Vs. ANIL KUMAR KAUSHIK

JUDGEMENT

(1.) I am required to pronounce upon the following two issues which were framed on 28.1.1998:-

(2.) Why am I called upon to decide the two issues"

(3.) M/s.Prerna Builders Pvt. Ltd., the plaintiff, has filed the present suit seeking specific performance of the agreement to sell dated 28.2.1995. The agreement to sell is an admitted document and stands exhibited as Ex.P-1. Defendant, Anil Kaushik, is the seller under the agreement. It relates to the entire ground floor with rear portion of the terrace over the first floor with proportionate share in the land comprised in property bearing municipal No.A-66 Hauz Khas Enclave, New Delhi. Ownership qua the suit property was claimed by the defendant under a will dated 15.5.1985 executed by his father who died on 11.10.1985. Sale consideration was Rs.33.5 lacs out of which defendant received Rs.5 lacs at the time of the execution of the agreement to sell. Balance sale price in sum of Rs.28.5 lacs was to be paid, vide clause 2 of the agreement to sell, at the time of registration of the sale deed which was to be executed after necessary permissions were obtained from the authority concerned. Clause 3 of the agreement recorded that the defendant has applied for mutation of the property in his name and that the plaintiff shall pursue the mutation and permissions etc. in the concerned departments/offices. However, the defendant was obliged to accompany the plaintiff as and when required for obtaining the requisite sale permissions.