VINOD SINGH Vs. PHUTORI DEVI

JUDGEMENT

(1.) In this suit for specific performance and injunction filed by the plaintiff, following prayers are made:

(2.) According to the plaintiff, late Mr.Mange Ram, husband of the defendant was the owner and in possession of the agricultural land situate in the revenue estate of village Mehrauli, New Delhi. This land was acquired by the Union of India for the purpose of planned development of Delhi in the year 1961. There was large scale acquisition in the said year and the Government came out with the Scheme of Large Scale Acquisition, Development and Disposal of land under which alternative plots were allotted to the eligible persons whose lands were acquired. On acquisition of land late Mr.Mange Ram his case was also recommended by the Delhi Administration for allotment of alternative land. The DDA accordingly allotted a plot bearing No. 37 admeasuring 334 sq.mts., Sector-10, Dwarka Residential Scheme, Dwarka, New Delhi vide letter dated 12th January, 1996. However, before the possession of this land could be given to him, Mr.Mange Ram died and rights in the suit allotment were inherited by the defendant as all other legal heirs executed relinquishment deeds in her favour in respect of the sait property. Consequently, the DDA mutated the suit property in favour of the defendant and the defendant became the absolute owner thereof.

(3.) The defendant vide agreement to sell (hereinafter referred to as 'the agreement') dated 2nd May, 1996 agreed to sell the said property to the plaintiff for a total consideration of Rs. 32,00,000/-. A sum of Rs. 10 lacs was paid as earnest money on the same date. Out of this, Rs. 8 lacs were paid in cash and Rs. 2 lacs vide cheque bearing No. 000089 dated 2nd May, 1996 drawn on State Bank of Patiala, Bamnoli, New Delhi. The receipt of Rs. 10 lacs as earnest money was acknowledged in the agreement. Since certain payments were yet to be made to the DDA, it was also agreed in clause 2 of the agreement that out of the balance sale consideration to be paid to the DDA, the plaintiff shall deposit the amount of DDA as demanded against this plot and net balance amount shall be paid to the defendant within one month after the possession and execution of the lease deed of the aforesaid plot. The DDA raised a demand of Rs. 4,25,183/- on the defendant. The defendant approached the plaintiff with request to make the said payment. As agreed in the agreement, the plaintiff deposited this amount with the DDA vide pay order dated 9th May, 1996. With the deposit of this amount since the DDA was paid the entire amount demanded, possession of the suit property was given by the DDA to the defendant on 3rd July, 1996. After taking this possession, Mr.Sukhbir Singh, son of the defendant visited the house of the plaintiff on 18th July, 1996 and represented that the defendant was in great need of Rs. 5 lacs. The plaintiff accordingly paid Rs. 5 lacs to Mr.Sukhbir Singh which was accepted and acknowledged by him by executing a separate receipt. Thereafter, on 27th August, 1996 on the representation of the defendant to make balance payment, the balance amount of Rs. 12,74,817/- was also given. The defendant executed a separate receipt dated 27th August, 1996 acknowledging the receipt of this amount and handed over possession of the plot to the plaintiff along with the letter of possession of the same date. The defendant also executed various documents in favour of the plaintiff. After taking possession, the plaintiff constructed a boundary wall and one temporary room in order to safeguard the said property and also installed hand pump.