RAKESH CHANDOK Vs. SMT HARBANS KAUR

JUDGEMENT

(1.) This order disposes of IA NO. 5540/2005 filed by the defendant under Order 7 Rule 11 of the Code of Civil Procedure seeking rejection of the plaint in this suit for specific performance and permanent injunctiion filed by the plaintiff.

(2.) It is trite that for consideration of an application seeking rejection of a plaint on the grounds mentioned under Order 7 Rule 11 Code of Civil Procedure, the court is precluded from examination of anything other than the plaint and the documents filed by the plaintiff.

(3.) The plaintiff has brought the suit on the averments that on 27th March, 2004, the plaintiff entered into an agreement to purchase the defendant's property bearing no. 5/78, Subhash Nagar, New Delhi-110027 admeasuring 100 sq. yards for a total sale consideration of Rs.23,15,000/- . The plaintiff has urged that it paid a sum of Rs.1,65,000/- in cash to the defendant as earnest money which was acknowledged in the agreement to sell and purchase executed by the defendant. Inasmuch as the defendant avoided execution of the necessary documents and getting the suit property transferred in her name from the concerned authorities, which was the Land and Development Office, Nirman Bhawan, New Delhi and also failed to obtain the requisite permission for transfer of the suit within the stipulated period of 120 days, the plaintiff repeatedly approached the defendant to do the needful. The plaintiff was required to make payment of the balance amount of Rs.21,50,000/- within 120 days which came to an end on 25th July, 2007. The defendant was required to discharge the obligation imposed on her within the same period.