ARJUN SINGH Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) (Oral) - This is a Regular First Appeal against the judgment and decree of the learned Additional District Judge in Suit No. 330/80, granting a decree for specific performance of an agreement to sell property No. H-4A, situated on a 100 sq. yard plot at Vijay Vagar, Delhi. The Suit which resulted in the decree under appeal was based on an agreement to sell dated 24th March, 1979, executed by the plaintiff-respondent in the suit. If it had been a normal agreement and conditions had been somewhat different, undoubtedly this Suit would have to stand decreed. However, there are certain features of the agreement which are distinctive and different from normal agreements to sell in the situations which prevail regarding the transfer of property as at present are such that very different considerations arise for bringing about an actual transfer of the property than which prevailed a few years ago.

(2.) Under the conditions of the deed of agreement, which are as follows:-

(3.) Generally in a contract of this type, the parties agree to get a sale-deed registered but, due to the impediments created by various Statutes, it now takes a fairly long time to reach stage at which a sale-deed can be executed. Not only is the permission required under Sec. 27 of the Urban Land (Ceiling and Regulation) Act, 1976, but also it tax clearance certificate under the Income-tax Act, as well as some permission from the Land the Development Office. The fulfilment of these conditions take a long time and therefore, the parties have to find out a method by which the agreement can he executed within a reasonable time. For this purpose, part performance is done by paying the price and delivering the vacant possession as well as executing a General Power of Attorney in favour of the purchaser together with a Will and a receipt, etc. so that the purchaser can get finalised such matters as getting the permission and the certificates necessary for the execution of the sale-deed. The reference to other connected papers in Paragraph No. 3 of the agreement is not without meaning. Those connected papers are required to be submitted alongwith the applications for permission and tax clearance certificate. They may be the draft, sale-deed and other affidavits, etc., which may be required for the purpose of getting the eventual permission which will result in the sale-deed being executed.