ASHOK MALIK Vs. RAMESH MALIK

JUDGEMENT

(1.) This is an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC') filed on behalf of the defendant requesting this court to reject the plaint on the ground that the suit appears from the statements in the plaint to be barred by limitation.

(2.) The suit has been filed for specific performance of an alleged oral agreement to sell entered into between the defendant as the owner and the plaintiff as the intending purchaser of the property bearing No. C-10, Chirag Enclave, New Delhi-110 048. It is alleged by the plaintiff that the plaintiff came in occupation of the property being an employee of a company known as 'Modi Rubber Limited'. The said company was the tenant of the defendant. The plaintiff claims to have occupied the premises sometime in May, 1980. It is alleged that in October 1986, an oral agreement to sell was entered into between the plaintiff and the defendant whereby the defendant agreed to sell 50% of his share in the land and the entire terrace rights of the building thereon to the plaintiff for a sum of Rs 6 lakhs. It is alleged in the plaint that a sum of Rs 3.6 lakhs was paid to the defendant's brother and a further sum of Rs 0.40 lakhs was paid to the defendant in cash. The balance amount of Rs 2 lakhs was to be paid in installments to the wife and daughter of the defendant.

(3.) It is further alleged by the plaintiff that in February 1990, the defendant agreed to sell the entire property for a total sum of Rs 21 lakhs. The plaintiff alleges to have paid a sum of Rs 11.33 lakhs in cash in total by 1993. It was alleged that the defendant was not executing the sale deed because his mother was still alive and that the same became executable only in 1993 when his mother died (she actually died as stated in 1992 by the defendant). It is alleged that in March, 1993, the plaintiff requested the defendant to execute the sale deed but the same was not being executed.