MONIKA ARORA Vs. NEERAJ KOHLI & ANR

JUDGEMENT

(1.) Cm Nos. 31577-78/2016 (exemption) Exemption is allowed subject to all just exceptions.

(2.) The suit was initially filed before this court and was transferred vide order dated 04.12.2015 pursuant to a notification issued by this court vide Circular dated 24.11.2015. Subsequently, on 28.04.2016 this court issued another circular as addendum to the circular dated 24.11.2015 stating that all suits covered by the first proviso to Section 7 of the Act filed or pending as on 26.10.2015 on the original side of this court shall be heard and disposed of by the Commercial Division of this court. It further provided that all suits relating to commercial disputes which have been transferred to the district courts pursuant to the notification dated 24.11.2015 shall be recalled back to the Delhi High Court and would be heard and disposed of by the Commercial Division of the Delhi High Court.

(3.) The present suit was filed by the respondents against the petitioner for specific performance of agreement to sell dated 12.01.2006. The parties along with one M/s.Jia Constructions had entered into an agreement to sell regarding the property being entire basement and ground floor of the property bearing No. L-II/92 Lajpat Nagar-II, New Delhi. It is the contention of the petitioner that the property in question as per the Master Plan for Delhi 2021 is notified as a commercial property. It is further urged that PW-1 Ms.Neeraj Kohli i.e. respondent No. 1 in her cross-examination dated 10.03.2014 has admitted that the property was purchased for using it as an office. Similarly, PW-2 Mr. Navin Kohli also in his cross-examination on 25.03.2015 stated that the purpose of purchasing the property was extension of their business and that it was to be used as an office-cumgodown.