SHIV KUMAR SHARMA Vs. SANTOSH KUMARI

JUDGEMENT

(1.) This Regular First Appeal arises out of a judgment and decree passed by the Additional District Judge, Delhi in a suit for possession of shop no. 1241, Bazar Sangtrashan, Pahar Ganj, New Delhi filed by the plaintiff-respondent and decreed by the said Court with costs.

(2.) Shop No. 1241 situate in Bazar Sangtrashan, Pahar Ganj, New Delhi was purchased by the plaintiff-respondent from the erstwhile owner, Smt. Sumitra Devi in terms of a sale deed registered on 29th July, 1974. The plaintiffs case in the suit for possession filed by her before the Court below was that in terms of an agreement dated 30th May, 1995, executed between her and the defendant-appellant herein, the shop owned by the plaintiff was agreed to be sold to the defendant for a consideration of Rs.4,75,000/-. This amount was to be received by the plaintiff partly by way of transfer in her favour of shop no. 598/1 situate in Gali Kaitwali, Sangtrashan, Pahar Ganj, New Delhi valued at Rs.3,25,000/- and' partly in cash to be paid by the defendant. The relevant portion of the agreements allegedly executed between the parties was as under:-

(3.) The plaintiff's further case was that after the execution of the above agreement, she, time and again, approached the defendant- appellant herein to show him the title deeds in respect of Shop No. 598/1 and to complete his part of the transaction by executing a sale deed in her favour, but he failed to do the needful. A legal notice was, therefore, sent by the plaintiff asking the defendant-appellant to deliver back the possession of the shop owned by the plaintiff as the proposed transaction, which was in the nature of an exchange of the two properties and payment of a sum of Rs.1,50,000/- for equalizing their value, had failed. Despite the receipt of this notice, the defendant did not oblige, forcing the plaintiff to file a suit for possession and injunction restraining the defendant from alienating or encumbering the suit property.