GULSHAN KUMAR Vs. B.P. MISHRA

JUDGEMENT

(1.) BY this order, I propose to dispose of the present application filed under Order 12 Rule 6 of the Code of Civil Procedure, 1908 on behalf of the plaintiff praying for a decree on admissions made by the defendant.

(2.) IT becomes necessary to notice the few essential facts for the purposes of adjudication on this application. Shri B.P. Mishra, the defendant herein, is the allottee of Flat No. 34 in a complex owned by a housing society known as Kadambari which is built on Plot No. 19, Sector -9, Rohini, Delhi -110085. The flat is stated to be a two bedroom flat located on the ground floor. The plaintiff contemplated purchase of this flat from the defendant for the reason that his brother was located in flat No. 52 in the same complex which was adjacent to the suit property. The defendant was intending to sell his flat. Consequently, in view of the interest of the plaintiff in purchasing the property on the 30th of March, 2004, the defendant is stated to have agreed to sell the said flat No. 34 to the plaintiff for the total sale consideration of Rs. 18 lakhs. Out of this consideration, an amount of Rs. 1 lakh was paid by the plaintiff to the defendant and the balance amount of Rs. 17 lakhs was agreed to be paid within 45 days from the date of execution of this agreement. The agreement is embodied in the document which was executed by the defendant acknowledging the receipt of Rs. 1 lakh which reads thus:

(3.) THE plaintiff had emphasized upon the defendant to supply copy of the share certificate, allotment letter and possession slip issued by the society to him and also to obtain the 'no objection' in respect of the sale and to fix the time for a visit by the valuer who could prepare the valuation report. The plaintiff had expressed anxiety to make payment of the balance consideration within the time fixed.