M K SEHGAL Vs. MOHINDER KAUR

JUDGEMENT

(1.) The plaintiff filed a suit for permanent injunction and specific performance against the defendant in relation to the built-up property bearing no.100, Block no.B, Jhilmil Colony, Shahdara, Delhi admeasuring 57.50 sq. yards, in furtherance to the agreement to sell entered into between the parties on 20.01.2004 Vide the above agreement, the defendant had agreed to sell the said property to the plaintiff, for a total consideration of Rs. 19 lacs and in terms thereof a sum of Rs. 6 lacs was received by the defendant from the plaintiff. The balance amount of Rs. 13 lacs was payable at the time of the registration of the Sale Deed. The sale deed was executed on 18.2.2004 and possession of the vacant property was to be delivered to the plaintiff on the said date. Having failed to get the sale deed registered in its favour and having not received any response from the defendant, the plaintiff on 1.2.2004 visited the suit property and learnt from a Real Estate Agent in the vicinity namely M/s. Bhasin Associates that the defendant had approached them with an intention to sell the said property. The intention of the defendant was to get more price and to commit breach of the terms of the agreement. Apprehending that the defendant would sell the said property to a third party and create further complications for the plaintiff, the plaintiff filed a suit for injunction and specific performance.

(2.) Vide order dated 10.2.2004, the defendant was ordered to be served and as nobody appeared on his behalf he was proceeded ex parte in the suit.

(3.) The plaintiff led his evidence and proved on record the agreement to sell as Ex.PW-1/1, receipt as Ex.PW-1/2 and he also placed on record a copy of the suit which was earlier filed by the plaintiff and which is stated to have been decreed in favour of the plaintiff. On the basis of the ex-parte evidence led by the plaintiff, the Trial Court decreed the suit of the plaintiff, but only for recovery of double the money which the plaintiff had paid in terms of the agreement i.e. a sum of Rs. 12 lacs. Vide judgment and decree dated 24.8.2004, the learned Trial court for the reasons stated therein, granted the following relief:-