SOBHAG NARAIN MATHUR Vs. PRAGYA AGRAWAL AND ORS.

JUDGEMENT

(1.) This is a suit for specific performance filed by the plaintiff Sh. Sobhag Narain Mathur who is the proposed purchaser. Defendant No. 1 Smt. Pragya Agrawal, the owner of the suit property is the proposed seller. The subject matter of the agreement to sell as propounded by the plaintiff are four contiguous plots admeasuring 82.5 sq. meters each and situated in the Local Shopping Center, Madangir, New Delhi. The Agreement to Sell in question is a Receipt dated 7.12.2006 and which document as per the plaintiff is a complete agreement to sell as required by law hence entitling the plaintiff to specific performance on account of the plaintiff being ready and willing to perform his part of the contract and defendants breaching the contract contained in the Receipt -cum -Agreement to Sell dated 7.12.2006.

(2.) On behalf of the defendants, defendant No. 2 being the husband of the owner/defendant No. 1, signed the Receipt dated 7.12.2006. The stand of the defendants is that the document being the Receipt dated 7.12.2006 is not a complete contract, of an agreement to sell, in the eyes of law. There are also other issues raised by the defendants with respect to the plaintiff not being ready and willing to perform his part of the contract assuming that the Receipt dated 7.12.2006 is a contract as per law, as to who is guilty of breach of contract i.e. whether the plaintiff or the defendants, and as to whether the plaintiff is entitled to the discretionary relief of specific performance, but, in my opinion, decision on these issues are not called for in the facts of the present case in view of Order XX Rule 5 of the Code of Civil Procedure, 1908 (CPC) and that the decision with respect to the first issue in the case; whether or not the Receipt dated 7.12.2006 is a complete contract as required in law for it to be an agreement to sell capable of being enforced through the subject suit for specific performance; is sufficient for disposal of the suit.

(3.) The following issues were framed by this Court on 14.11.2007: -