GAMMON INDIA LIMITED Vs. CAPRICON INDUSTRIES LTD

JUDGEMENT

(1.) The plaintiff has filed the present suit for specific performance and mandatory injunction in respect of agreement dated 09.07.1986 seeking execution of the sale deed and transfer documents in favour of the plaintiff in respect of the second floor of premises no.16-17, Local Shopping Centre, Madan Gir, New Delhi.

(2.) It is stated in the plaint that the defendants had built a commercial complex at the aforesaid premises and in pursuance to the discussions between the parties, the agreement to sell was arrived at for an area admeasuring 4,000 square feet for a total price of Rs 23,50,000/-. An advance of Rs 3.5 lakh was paid on 03.01.1986 and thereafter on 09.07.1986 (ExPW1/2) the agreement was executed between the parties. The possession had to be given over after completion of construction on or before 15.09.1986. The salient features of the agreement are re-produced hereinafter:

(3.) The plaintiff paid the entire consideration of Rs 23,50,000/- as set out in the agreement but the possession of the premises could not be handed over to the plaintiff in time. The possession was handed over only on 14.09.1987 after delay of exactly one year from the agreed date of handing over possession in terms of Clause 4 of the agreement. The electricity connections were not provided even as on that date nor was the sale deed executed in favour of the plaintiff. The plaintiff has thus been constrained to file this suit seeking specific performance of the agreement.